Mouletec International Limited
On Line Sales Terms and Conditions
These Terms and Conditions form a legally binding agreement between you and Mouletec International Limited. If you do not agree with them, please do not access or use our website - www.mouletecmattresses.co.uk - or place any orders with us through our website or by email or by phone.
For the purposes of these Terms and Conditions, all references to: “Terms and Conditions” means these terms and conditions, as amended from time to time and any policies, guidelines, rules and/or other terms and conditions which we may, from time to time, post on our website or otherwise make known to you; “website” means our website currently located at www.mouletecmattresses.co.uk, and/or any successor website; and to “us” and “we” are to Mouletec International Limited and “our” shall be construed accordingly.
You must be over 18 and resident in the UK to place an order using our website or by phone or by email.
Your order constitutes a binding offer by you to purchase the product(s) ordered from us but is not binding on us until we have formally accepted it. In the first instance, we will acknowledge receipt of your order. However, this initial acknowledgement is not an acceptance.
Before we formally accept your order, we will check if we have the product(s) in stock and if you have cleared funds to make payment.
We will then take payment from you by processing your debit or credit card, or by other form of electronic transfer, using the payment information you provided when you placed your order. Your payment may be subject to a discount using a Promotion Code which must be entered into the Promotion Code/Discount fieldon the order form at the time of placing your order.
Once we are in receipt of cleared funds and we have confirmed stock availability, and have otherwise confirmed that the transaction details are correct in every respect, we will arrange for the delivery of the products to the address you have indicated.
We will proceed to formally accept your order either by delivering the products, or by first sending you a communication in which we will confirm that the products have been dispatched and we will provide you also with an estimated date and/or time of delivery. The contract for the sale of goods becomes binding on us upon the point of this formal acceptance.
Communications such as the acknowledgement of your order or the confirmation of product dispatch will normally be sent to the email address that you supplied when you placed your order. If you ordered by phone and do not have an email address, we will send these communications by post. We may need to telephone you to confirm details of the delivery arrangements.
The prices payable for products are shown on our website and will be discussed with you if you place an order by phone. Although delivery to mainland UK addresses is free of charge, we may make an additional charge for delivery costs and this will be shown separately in the checkout section of our website, or discussed with you if you place an order by phone, before you submit your payment information.
All product prices on our website are inclusive of VAT. On the product pages of our website, the product prices are exclusive of any delivery charges, which are added, inclusive of VAT, in the shopping basket and check out section of our website.
If you qualify for, and wish to take advantage of, a VAT exemption, you will need to submit some additional information to us. Please contact us using the information available on the "Contact Us” page on our website. Please note that the initial payment will be taken inclusive of VAT. Only upon receipt of the additional information that we will request will a VAT credit be applied to your account and if due, a refund will be issued within 30 days. The VAT exemption applies only to, and we will therefore only be able to refund the VAT on, qualifying products and not VAT on the delivery charges.
NON-ACCEPTANCE OF ORDERS BY US
We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:
1) there is a pricing or description error when the order is placed;
2) your payment is not authorised;
3) we do not have sufficient stock to deliver the product you have ordered;
4) we do not deliver to the area in which your delivery address is located; and/or
5) it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.
If we refuse to accept an order, we will not be obliged to offer any compensation for loss or disappointment suffered by you, although we will offer a full refund of any payment that we may have collected.
We accept payment by credit or debit card and Paypal
Unless we allow you to place an order for any product(s) by paying a deposit and paying the balance of the purchase price for the product(s) ordered at a later date (in which case this will be indicated on our website or made known to you by phone when you place your order), in respect of all orders, payment of the full purchase price for the product(s) ordered must be made when the order is placed and we will not dispatch the product(s) ordered until we have received such payment in full.
If for any reason any payment is refused after we have dispatched any product we will have the right to request the payment from you or recover the relevant product(s) from you. We may charge you for our costs in recovering the product(s) or seeking further payment.
We may offer credit facilities for products purchased from us online subject to eligibility and status. Alternatively if you place an order by phone we may also inform you about credit facilities which may be available to you. In both cases credit facilities are from a third party provider. For more information click here or contact us by phone using the number listed on our "Contact Us” page on our website.
Full ownership and title in any product ordered from us will remain with us and will not pass to you until we have received payment of the full purchase price for such product.
We are only able to deliver a product to an address within mainland UK (excluding Northern Ireland and all offshore islands). If we do not deliver to your address and you would like to order and collect any product(s), please contact us using the information available on the "Contact Us” page on our website.
We are only able to deliver products between Monday and Friday (excluding bank and other public holidays) and there must be a person aged over 18 at the delivery address when the product is delivered. Once you have submitted an order, you may not be able to change the delivery address. If you would like to discuss a change to the delivery address after you have submitted an order, please contact us as soon as possible using the information available on the "Contact Us” page on our website.
The estimated delivery date of a product is based on whether the product is in stock and on the delivery address you have provided to us and is subject to receipt by us from you of payment for such product. Although we endeavour to deliver products on the estimated delivery date, such date is indicative only and we cannot guarantee that the delivery will take place on such date, although, unless agreed otherwise with you, delivery of any product will take place within 30 days of the date on which we received payment from you for such product.
You must inform us, by contacting us using the information available on the "Contact Us” page on our website by the date on which we agree an estimated delivery date with you, if there are any special circumstances which might be relevant to your delivery, including, without limitation, factors relating to access: to your delivery address (e.g. low bridges, narrow lanes etc); and/or to the premises at your delivery address (e.g. small door frames, narrow passages, steps etc). Please take appropriate measurements to confirm whether or not there are any such factors.
You may be liable to pay us extra delivery charges if:
1) we are unable to complete a delivery because a person over 18 is not present at the delivery address on the date of delivery to accept the product;
2) you attempt to change the delivery address after the product has been dispatched to you; and/or
3) you fail to notify us of special circumstances which are relevant to your delivery.
Although we will endeavour to do so, we cannot guarantee that we will be able and reserve the right to refuse in our sole discretion to:
1) relocate any of your existing mattress at the delivery address (and any such request for us to do is at your own risk); and/or
2) deliver the product to a precise location within the premises at the delivery address.
Notwithstanding the above once we have delivered any product to you: risk in that product passes to you; and you are responsible for its insurance and security.
We regret that we are not able to take away or dispose of any of your existing mattresses.
IF YOU CHANGE YOUR MIND (RIGHT OF WITHDRAWAL)
Unless you have ordered a product which was created to your specification or clearly personalised, you may cancel your order for any product without giving any reason within fourteen (14) calendar days after the day after you (or a third party indicated by you, other than the carrier) acquired physical possession of such product (or in the case of multiple products ordered in one order and delivered separately, after the day on which physical possession was thus acquired of the last product) by notifying to us your unequivocal decision to withdraw from this contract in writing in which case:
1) as soon as possible and, in any event, without undue delay and in any event within fourteen (14) calendar days from the day on which we are informed of your decision to withdraw we will refund any sums paid to us by you, and any provider of credit facilities, in respect of the purchase price for the product and any charges for delivering the product to you with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement;
2) you must return the product to us at your cost and we request that you follow our returns policy, as set out in below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £60 plus VAT for the cost of collection; and
3) you are under a statutory duty to take reasonable care of the product until it is returned to us, however you are only liable for (and we may deduct from the refund) any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold reimbursement (and the 14 day-deadline for refund, mentioned above shall not start) until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If you want to exercise your right to cancel, after you have received the product from us, we request that you do not use the product and that any packaging which is still on the product is not removed or, to the extent that such packaging has been removed but is still in your possession, that you return the product with such packaging.
You may still be entitled to cancel the order, even after the fourteen (14) working days deadline set out above unless you have asked for the product to be created to your specification or clearly personalised, if you have ordered a product for which we offer: a 100-night trial; or any other applicable “trial” promotion, as indicated on our website or otherwise made known to you in a telephone discussion with us, whereupon you may cancel your order of such product by notifying us at any time until midnight on the final day of the applicable trial period, in which case we will refund any sums paid to us by you and any provider of credit facilities, in respect of the purchase price for the product, provided that:
1) we will not refund the cost of delivering the product to you;
2) you return at your cost the applicable product to us in accordance with our returns policy, as set out below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £60 plus VAT for the cost of collection;
3) you may only make and cancel such an order once – you may not order the same or a similar product on a trial basis again; and
4) any such trial offer is valid only once per delivery address.
5) the100-night trial, starting from the day of delivery, is only available for our standard size mattresses - Single, Double, King Size and Super King size. It is not available for any product which has been customised for you in any way. The 100 night trial is not offered for any mattress sold by us, or purchased by you that has been designated as a 'Special Size', 'Special Buy', 'Real Deal' or 'Clearance' item.
6)byou may only cancel such an order once – you may not order the same or a similar product on an exchange trial basis again; and
7) any such trial offer is valid only once per delivery address.
If you do not notify us within the applicable trial period that you wish to cancel your order of any product, you will be deemed to have accepted the applicable product. For further information on our trial products, please contact us using the information available on the “Contact Us” page on our website.
IF A PRODUCT IS DAMAGED OR FAULTY OR NOT WHAT YOU ORDERED
Please keep all the warranty or guarantee information that comes with your product as it may be needed if the product develops a fault.
We request that you inspect any product delivered to you within a reasonable period of receiving it. If a product you have received from us was damaged when delivered; or develops a fault within the warranty period, please notify us and return the product to us, at our cost, either by post or by requesting that we collect the product from you, and
1) we will repair it, if possible;
2) if it is not possible to repair it, we will replace it with an equivalent product, if possible; or
3) if it is not possible to replace it with an equivalent product, we will refund any sums paid to us by you, and any provider of credit facilities, as in respect of the purchase price for the product and any charges for delivering the product to you.In relation to any such returns, we request that you follow our returns policy, as set out below.
If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may: return it to you and cancel any refund that you have requested, or if we have already refunded you, we may recharge you for the product and the original delivery costs, using the payment information provided to us when you placed your order; and charge you for the costs of returning the product to us and of redelivering the product to you.
If a product you have received from us is not the product which you ordered from us please notify us and return the product to us, at our cost, either by post or by requesting that we collect the product from you, and
(a) we will deliver the product which you ordered, if possible; or
(b) if it is not possible to deliver the product which you ordered, we will refund the purchase price and any delivery costs.
In relation to any such returns, we request that you follow our returns policy.
If you want to return a product please email us using firstname.lastname@example.org, if you do not have an email address, write to us at Unit 9-12, Thornhill Road, North Moons Moat, Redditch, B98 9NDand we will give you a returns number, which we request that you use when you return the product to, and in all correspondence with, us (otherwise our response may take longer).
We may, in relation to certain products, be able to collect the product from you. If you would like to discuss a possible collection by us, please contact us using the information available on the “Contact Us" page on our website.
We reserve the right, at our sole discretion, to charge you for our direct costs incurred in relation to the return of products to us. If a collection is arranged but you do not make the products available for collection on the day, a charge of £60 +VAT will be payable.
Please ensure that all products packaged for return are clearly labelled with your name, postal address and order number and that, if you post a product to us, you must obtain a proof of posting receipt. You must ensure that products which you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the products are delivered in case you wish to make a return. Should you wish, we can provide you with suitable packaging, which can be ordered from us at a cost of £25 +VAT when you call us to arrange a collection.
If you ask us to collect products which have been soiled or damaged since they have been delivered to you, we may refuse to collect or take away those products. If (on return to our premises) we find that products collected from you are in a soiled or damaged state, we reserve the right to re-deliver those products to you and/or to require payment in full from you for those products and you hereby authorise us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your order.
We will make any refunds due to you in accordance with these Terms and Conditions using the same method of payment as you used when placing your order. Please note that we cannot influence any part of a refund after we have submitted the request to a bank and that banks can take up to 14 days to process such a refund.
USE OF PRODUCTS
You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
Nothing in these Terms and Conditions excludes or limit our liability for:
1) death or personal injury caused by negligence;
2) fraud; or
3) any breach of any terms implied by sections 12 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1982, any defective products under the Consumer Protection Act 1987 and/or any other statutory or other liability which cannot be excluded under applicable law.
To the maximum extent permitted by law:
1) our Website and the Content are provided “as is” without any warranties of any kind;
2) the products will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use, unless otherwise agreed between you and us); and
3) we exclude all other express and implied representations, warranties, conditions and other terms relating to our Website, the Content and the products.
The aggregate liability, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way of us, our group companies and the officers, directors, employees, shareholders or agents of us or any of them, for any kind of loss or damage that may result to you or a third party in connection with these Terms and Conditions is limited to the greater of:
1) the amount paid by you for the product; and
We, our group companies and the officers, directors, employees, shareholders or agents of us or any of them will not be liable, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way in connection with these Terms and Conditions for:
1) any indirect, punitive or consequential loss or damages;
2) any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
3) any loss arising from your use of our website, including, without limitation, in connection with the use, inability to use or the results of use of our website, any websites linked to our website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our website or your downloading of any material from our website or any websites linked to our website;
4) any loss arising from failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our and/or the manufacturer’s instructions or using the products in a careless or negligent manner; and/or
5) any failure to perform any obligation owed to you under these Terms and Conditions, including, without limitation, any failure to deliver or delay in delivering products, due to any event or circumstance beyond our reasonable control, including, without limitation, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
INVALIDITY AND WAIVER
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
If you breach these Terms and Conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms and Conditions.
THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded.
TERMINATION AND SURVIVAL
Except in respect of an order by you which has been accepted by us, either party may terminate an agreement under these Terms and Conditions at any time on written notice to the other.
We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with English law and any disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.