Bed Canopy Universe website is operated by Empire Nocturne, a company incorporated in France with number SIRET 87757804700020.
5.1 Goods will be delivered to the address given when you place your order, except that deliveries are not made outside mainland UK. Should you wish to subsequently change the delivery address or method of delivery you will also be required to pay an additional charge.
5.2 If we are unable to supply the goods ordered for any reason, we have the right to cancel the order and we will inform you as soon as possible, and refund or re-credit any sum that has been paid by or debited from your credit card for delivery.
5.3 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date. In such circumstances you may be required to pay an additional charge to cover the re-delivery or storage of the goods. This is subject to a maximum of two delivery attempts in total being made before the contract is treated as void allowing the goods in question to be resold.
5.4 Every effort will be made to deliver the goods within the time specified in the order, any date quoted for delivery is approximate only. However, we will not be liable for any losses suffered through any reasonable or unavoidable delay in delivery.
5.5 The risk of loss or damage to the goods passes to you when they are delivered or on the date of first attempted delivery.
5.6 Title to any goods you order on this website shall pass to you on delivery of the goods provided that we have received payment in full for the goods.
5.7 You are responsible for checking the goods on delivery and noting any damage on any delivery notes you are asked to sign. In any case you must inform us in writing or e-mail of any damage within three days of receiving the goods if we are to accept that the damage was sustained prior to you accepting the delivery and arrange a replacement with the supplier. Details can be found on our Contact Us web page.
Under the Consumer Rights Act 2015, whereby the customer has 30 days to reject goods that are unsatisfactory quality, unfit for purpose or not as described, for a full refund. After 30 days the consumer must give the retailer an opportunity to repair, but should the repair fail, then the customer can obtain a full refund or partial refund should they wish to retain the goods. After the first 6 months after delivery, the consumer must prove that the goods were faulty at the time of delivery.
5.8 If the type and/or quantity of goods delivered is not what was ordered you are required to inform us in writing or e-mail within three days of delivery of the goods so that we can inform the supplier to arrange a replacement or subsequent delivery. Details can be found on our Contact Us web page.
5.9 We are entitled to both deliver goods in installments or together and each delivery shall constitute a separate contract.
5.10 It is the responsibility of the buyer to dispose of any unwanted packaging that the item ordered comes with (e.g. cardboard box, wooden pallet, etc).
5.11 Should your purchase be subsequently refunded (either partially or fully) whilst you are still in possession of the goods, the retention of title of these goods reverts back to ourselves, Bed Canopy Universe, from point the refund was issued. As we hold retention of title, we reserve the right to collect said goods, unless we specify in writing that you can keep these goods.
6. RIGHT OF CANCELLATION
6.1 Under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the contract at any time up to the end of fourteen days after you receive the goods.
6.2 To exercise the right of cancellation, you must give written notice, within the time frame defined in 6.1, to us by hand, post or email, at the address, or email address shown below, giving details of the goods ordered, your WEB order reference (quoted on the e-mail acknowledging your order), and (where appropriate) your delivery address.
6.3 If you wish to cancel your order after delivery, for distance sales, Under the Consumer Contacts (Information and Additional Charges) Regulations 2013, the following shall apply:
If applicable for return, all Goods must be returned prior to any refunds being issued.
6.4 If you exercise the right of cancellation you have a statutory duty to take reasonable care of the goods while in your possession. We would consider the following as you not taking reasonable care and therefore we will be able to claim against you for breaching your statutory duty.
6.5 Once you have notified us that you are cancelling the contract, we will, within 14 days, refund or re-credit any sum that has been paid or debited from your credit card for the goods less any charges relating to the cost of returning the product and any charges resulting from the goods being damaged while in your possession. If no goods are being returned the 14 days is from the cancellation date. If goods are being returned the 14 days is from the receipt of goods by us or our supplier or by you providing evidence that the goods have been collected.
6.6 If you do not return the goods as required, we may charge you a sum not exceeding the actual costs of recovering the goods.
6.7 You do not have the right to cancel the contract if the order is for goods which by their nature cannot be returned or are liable to deteriorate, expire rapidly or are perishable (for example turf).
6.8 We have the right to cancel the order if
7.1 All goods supplied are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the manufacturer’s approval.
7.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify us in writing at the address, fax number or email address shown below. We will then advise you of our returns policy.
8. LIMITATION OF LIABILITY
8.1 Nothing in these conditions excludes or limits the liability of Bed Canopy Universe:
(a) for death or personal injury caused by Bed Canopy Universe negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Bed Canopy Universe to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.2 Subject to condition 8.1:
(a) Bed Canopy Universe total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to a replacement of the goods supplied pursuant to that contract or (at our option) a refund of the purchase price relating to that contract;
(b) Bed Canopy Universe shall not be liable for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract; and
(c) Bed Canopy Universe will use its reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, 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 Bed Canopy Universe accepts no liability of any kind for any loss or damage from action taken or taken in relation on material or information contained on the site.
8.3 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.4 Goods are supplied on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, Bed Canopy Universe excludes (to the fullest extent permitted by law) those warranties and conditions relating to fitness of the goods for a particular purpose. Bed Canopy Universe also withdraws your rights to the statutory cancellation period of 7 business days which is applicable in consumer contracts only.
8.5 Bed Canopy Universe shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9. DATA PROTECTION
10.1 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
10.2 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
10.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party.
10.4 Bed Canopy Universe reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.5 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that a person who is a permitted successor or assignee under condition 10.4 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
10.6 No consent from the persons referred to in this condition 10.5 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
10.7 Competition winners adhere to our website terms and conditions