Terms and Conditions
The following terms and conditions set out the agreement between yourself and One Holding North Ltd t/a Bedmaster of Soothill Business Park,Soothill Lane,Batley,West Yorkshire,WF17 6NY. Use of our services and the provision of goods by Bedmaster will be governed by the terms of this agreement.
In these terms and conditions of sale (“Conditions”):
1.1 the “Buyer” shall mean the person, firm or company who places an order (whether in writing, or by e-mail, ) with Bedmaster to buy Goods and whom Bedmaster agrees to supply;
1.2 “Contract” shall mean a contract to which these Conditions apply;
1.3 “Bedmaster” shall mean One Holding North Ltd trading as Bedmaster, a company registered in the United Kingdom [under Registration Number 06569704] with its registered office at Soothill Business Park,Soothill Lane,Batley,West Yorkshire,WF17 6NY;
1.4 “Goods” shall mean any goods sold or to be sold by Bedmaster which are subject of an order by the Buyer and which Bedmaster agrees to sell to the Buyer;
1.5 “Working Day” shall mean any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when the clearing banks are not physically open for business in the United Kingdom;
2.1 Unless Bedmaster indicates otherwise, a binding Contract for the supply of Goods by Bedmaster shall be formed when Bedmaster accepts (whether in writing or by e-mail, ) an order made by the Buyer for Goods (also whether in writing or by e-mail,).
- PRICES AND PAYMENT
3.1 Unless otherwise specifically agreed by an authorised representative of Bedmaster, Pre-agreed prices are subject always to extra charges where applicable for special non-standard goods or services. Bedmaster reserves the right at any time without notice to change its prices in respect of Goods not yet ordered.
3.2 Unless Bedmaster agrees otherwise in writing, the price is exclusive of any costs of carriage and any applicable value added tax, sales, import and export taxes and the Buyer shall be additionally liable to pay Bedmaster any such applicable costs and taxes .
3.3 Payment shall be due in full in regards to Pre-agreed Credit Terms.
3.4 The Buyer shall ensure that all details provided to Bedmaster for the purpose of purchasing the Goods from Bedmaster will be correct.
3.5 Unless Bedmaster otherwise agrees in writing, the Buyer shall pay all sums due to Bedmaster in full without any set-off, deduction or withholding whatsoever.
3.6 If payment of any sum due hereunder is not made on the due date then, without prejudice to any other right or remedy available to Bedmaster (whether under the Contract or by any statute, regulation, law or bye-law), Bedmaster shall be entitled to:
3.7.1 Levy charges on the amount due but unpaid.
3.7.2 sell or otherwise dispose of any Goods which are subject of any order by the Buyer (unless such Goods have already been delivered whereas the rights of those Goods still belong to us); and
3.7.3 suspend or cancel any contract for the sale of Goods to the Buyer;
3.7.4 If Goods are in the possession of Buyer, we will take necessary steps to retrieve said Goods and transfer debt to debt collectors.
4.1 Bedmaster may change or improve the Goods before delivery. All descriptions, representations, specifications (apart from core specifications stated), samples, colours, illustrations and other particulars furnished or made orally by Bedmaster or on its websites, catalogues, trade literature, price lists or other documents issued by Bedmaster are given for general information purposes only.
4.2 Unless otherwise agreed by Bedmaster, packaging of the Goods shall be in accordance with Bedmaster’s customary practices. If Bedmaster agrees to special packaging requested by the Buyer, Bedmaster may make an extra charge for such packaging.
4.3 Delivery of the Goods shall take place at the Buyer’s premises or at such other location as Bedmaster agrees. The Buyer shall ensure that it is ready for safe receipt of the Goods without undue delay.
4.4 Bedmaster shall endeavour to comply with the date of delivery, but any dates quoted for delivery of the Goods are approximate only and Bedmaster shall not be liable for any delay in delivery of the Goods howsoever caused.
4.5 Partial delivery shall be permitted. Although Bedmaster will endeavour to deliver the Goods under an order together.
4.6 If delivery is delayed through the Buyer’s default or the Buyer wrongfully declines or delays in accepting delivery, Bedmaster may (without prejudice to any other right or remedy available to it) do all or any of the following:
4.6.1 charge a reasonable storage fee and any costs incurred by Bedmaster ;
4.6.2 cancel any Goods that remain to be delivered to the Buyer under any order and charge Buyer a return fee.
4.7 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when Bedmaster has tendered delivery of the Goods.
4.9 Limitations and liabilities of deliveries dealt with by 3rd party couriers are as follows:
4.9.1 Delivery cannot be made to offshore locations which include but not limited to BT, GY, HS, IM, JE, KW, TR21, TR25, ZE or any other postcodes listed by Bedmaster.
4.9.2 Delivery of Goods can only be made on Business Days between the times of 8am and 8pm. Delivery times cannot be obtained;
4.9.3 The Buyer is liable for all courier charges which include the following circumstances:
188.8.131.52 Rejection of delivery and/or cancellation of delivery in mid transit is subject to a £10 charge (unless goods were damaged in transit before point of delivery to buyer).
184.108.40.206 Delivery charges of replacement orders is non-refundable (including against manufacturing defects. Delivery charge will be credited if original goods were damaged in transit and signed for as damaged for visible exterior damages or original goods were lost in transit.);
220.127.116.11 Buyer is subject to a £15 charge for re-routing a delivery to a new address;
18.104.22.168 Wrongly ordered goods where the buyer informs us to dispatch the wrong goods or has allowed us to process the wrong goods where the goods have not been listed correctly using our descriptions and/or product codes.
4.9.5 Delivery of Goods which appear to be missing from courier’s service are required to have at least 3 business days to turn up. If Bedmaster or their contracted couriers cannot locate said Goods, a replacement or a credit will be issued.
- 3RD PARTY COLLECTIONS VIA BUYER’S CARRIERS
5.1 Bedmaster can cater for 3rd Party Collections whereas the buyer can arrange for collection of goods using their own couriers.
5.2 Bedmaster may change or improve the Goods before collection. All descriptions, representations, specifications (apart from core specifications stated), samples, colours, illustrations and other particulars furnished or made orally by Bedmaster or on its websites, catalogues, trade literature, price lists or other documents issued by Bedmaster are given for general information purposes only.
5.3 Unless otherwise agreed by Bedmaster, packaging of the Goods shall be in accordance with Bedmaster’s customary practices. If Bedmaster agrees to special packaging requested by the Buyer, Bedmaster may make an extra charge.
5.4 Bedmaster shall endeavour to comply with the date of collection, but any dates quoted for collection of the Goods are approximate only and Bedmaster shall not be liable for any delay in delivery of the Goods howsoever caused.
5.5 Proof of collection is done by means of couriers signed manifest supplied by the Buyer. Failure to supply a manifest will result in a delay of collection however Bedmaster may create their own manifest when applicable to be signed by couriers.
5.6 If collection is delayed through the Buyer’s default or the Buyer’s couriers wrongfully declines or delays in accepting collection, Bedmaster may (without prejudice to any other right or remedy available to it) do all or any of the following:
5.6.1 charge a reasonable storage fee and any costs incurred by Bedmaster;
5.6.2 cancel any Goods that remain to be collected to the Buyer under any order.
5.7 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of collection or, if the Buyer wrongfully fails to take collection of the Goods, the time when Bedmaster has tendered collection of the Goods.
5.8 The Buyer is responsible for all courier charges and Bedmaster is unable to provide credit for any loss caused. This also includes the courier charges involved for collecting and delivering the original order and any replacement and collection based orders.
5.9 Limitations and liabilities of deliveries dealt with by 3rd party couriers are as follows:
5.9.1 Cut off point for same day dispatches are Pre-agreed.
5.9.2 The Buyer must provide Bedmaster their orders in a reasonable time frame for processing in a reasonable format.
5.9.3 The Buyer must provide Bedmaster with all courier information including dispatch labels directly via email.
5.9.4 The Buyer is responsible for arranging all collections with their chosen couriers on day of collection.
5.9.5 The Buyer is responsible for wrongly ordered goods where the Buyer informs us to dispatch the wrong goods or has allowed us to process the wrong goods where the goods have not been listed correctly using our descriptions and/or product codes.
5.9.6 Collection of Goods can only be made by pre approved couriers.
5.9.7 Collection of Goods can only be made from our premises on Business Days at pre approved time frames usually between 4:30pm to 6pm.
6.1 Title to and ownership of the Goods shall not pass to the Buyer until Payment has been received in full by Bedmaster (in cleared funds):
- CLAIMS AND RETURNS
7.1 Bedmaster warrants that the Goods will for twelve months from delivery correspond materially with Bedmaster’s standard 12 Month Warranty and be free from material defects or damage caused solely by faulty materials or poor workmanship.
7.2 Bedmaster shall at its option replace or provide a credit for Goods . The Buyer shall upon delivery examine the Goods. The Buyer shall promptly (but in any event within 7 Working Days of delivery or expected delivery) notify Bedmaster in writing of any apparent damage, defect, shortage or non-arrival .
7.2.1 the Goods to be returned for replacement or credit must be returned adequately packaged and no damage (further damage) has occurred;
7.2.2 payment for the Goods not being overdue; and
7.2.3 Goods must be in their original packaging;
7.2.4 Collections of Returns can only be arranged on Business Days;
8.1 This Condition prevails over all other Conditions and sets forth the entire Liability of Bedmaster.
8.1.1 performance, non-performance, purported performance, delay in performance or mis-performance of the Contract or of any goods or services in connection with the Contract; or
8.1.2 otherwise in relation to the Contract or entering into the Contract.
8.1.3Bedmaster shall not have any Liability in respect of any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or Bedmaster or its representatives had been advised of the possibility of the losses being incurred.
- FORCE MAJEURE
9.1 Bedmaster shall not have any Liability for any breach, hindrance or delay in performing the Contract attributable to any cause beyond its reasonable control.
GENERAL DATA PROTECTION REGULATION
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
Data controller – A controller determines the purposes and means of processing personal data.
Data processor – A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person. This can include the end customer (the data we are provided by our trade partners or clients) or the client or trade partner directly.
Categories of data: Personal data and special categories of personal data
Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
10.2 Who are we?
One Holding North Ltd t/a Bedmaster is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Soothill Business Park,Soothill Lane,Batley,West Yorkshire,WF17 6NY.
10.3 The purpose(s) of processing your personal data
We use your personal data for the following purposes:
Obtain details from our clients & trade partners which include but not limited to business name, address, email, phone number, financial information. This data will be used to provide services outlined in our terms and conditions and provide service updates and promotional information.
Obtain details from end customers which includes but not limited to name, address, email, phone to process orders and where applicable deliver orders.
10.4 The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
• Personal data (name, address, phone, email)
[We have obtained your personal data from email, ecommerce stores, credit reference agencies
10.5. What is our legal basis for processing your personal data?
a) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data:
• Consent of the data subject; GDPR consent form on request.
• Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract. The contract must be provided to the data subject by the trade partner or client.
• Upon trade partners filling in our application form we use such information to complete credit agency checks.
10.6 Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared only with data processors which may include but not limited to couriers, credit reference agencies, payment terminals
10.7 How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary for a period of 6 years in order to provide warranties, recall information on products and legal claims/complaints.
10.8 Providing us with your personal data
We require your personal data and your end customers personal data as it is a contractual requirement for us to process and deliver goods as well as maintain trade partner account
10.9 Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
• The right to request a copy of the personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary to retain such data;
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
10.10 Transfer of Data Abroad
We do not transfer personal data outside of the EEA
10.11 Automated Decision Making
We provide information to credit reference agencies to allow us to make decisions on whether to allow a trade partner or client to have an account with us.
10.12 Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
10.14 How to make a complaint
To exercise all relevant rights, queries or complaints please email: email@example.com or telephone 01924 420 700