TERMS & CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01617731902.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Ideas Marketing Ltd whose trading name is Arista Living a company registered in England and Wales under number 5675021 whose registered office is at 253 Heywood Road, Prestwich, M25 2QP with email address firstname.lastname@example.org; telephone number 01617731902; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.aristaliving.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us at your cost.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. We do not offer any compensate for:
a. Any delays beyond our control.
b. If you have dismantled your existing furniture prior to your order arriving.
c. We do not cover any costs for assembly. Should you for any reason employ a tradesperson to assemble your item and for any reason the item requires to be dismantled or reassembled, we do not compensate or cover this cost. Any fitters that you hire will be at your own risk.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Mattress Damage Terms
39.1. If your mattress arrives damaged you are entitled to cancel the purchase of your mattress and claim a full refund. We will collect your damaged mattress at our cost.
39.2. We will only accept a damage claim if the box was signed for as damaged on taking receipt of the mattress from our carrier and the item has not been removed from its plastic vacuum protective packaging.
39.3. Once the goods have been removed from the plastic vacuum packing we will not accept any claim for damage.
Mattress Fault – On Opening
39.4. We do not take any responsibility for any tares or rips to the cover caused by any sharp instrument that may have been used to remove the plastic vacuum packaging.
39.5. After removing the mattress from the vacuum packing and the mattress does not inflate within 3cm of the Length, Width or Depth after a 14 day period we will consider the item as faulty
39.6. We will collect and replace any faulty Mattress at our cost.
39.7. You have the right to cancel any faulty mattress and arrange a collection free of charge.
Right to cancel
40. You may cancel your order at any time and request a full refund.
41. We always strongly recommend you cancel your order before the goods have been despatched and before delivery costs are incurred.
42. Should you decide to cancel your order after the goods have been despatched there is a cancelation fee of £65. This fee is to cover the costs to deliver the item to you. If you paid a surcharge for your delivery, this unfortunately cannot be refunded. For the avoidance of doubt, should you receive your item damaged or defect. Our policy is to send out immediate replacement parts.
43. We do not cover the cost of sending the item back. It will be the responsibility of the buyer to return the goods in a re-saleable condition at the buyers cost.
44. If the packaging or goods return back to us damaged or unsaleable we reserve the right to claim back for the rework of the packaging or damaged parts.
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the 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 the reimbursement.
50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 6 Witton Business Park, Cartmel Road, Blackburn, BB2 2TA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Our Mattress 100 Night Free Trial Guarantee
51.1. Our Mattress 100 Night Free Trial Guarantee is only valid for purchases of mattresses that were purchased at full value. Our guarantee does not cover any mattress purchases that have been discounted or bought as part of any special bundle offer.
51.2. If you have paid full value for your mattress and you wish to return your mattress within your 100 Night Free Trail, we will collect the mattress from you free of charge and refund you 100% of your mattress purchase on the following conditions:-
a. We have received in writing within 100 days of you receiving the mattress that you wish to return your mattress
b. The mattress is free from stains, damage, rips, tares and has not been misused.
c. The collection address is the same as the delivery address.
d. On receipt we will refund 100% of your mattress purchase back to your original payment method.
51.3. If on receipt of your returned mattress we find the item has been mistreated, damaged or stained, due to not using the mattress with appropriate care, we reserve the right to reduce the amount refunded, to cover any extra loss in value to the mattress.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will immediately, or within a reasonable time, give you the benefit of the free guarantee. This will cover any parts that defect within 1 year. We do not cover for wear and tear or general misuse. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Our Mattress 10 Year Guarantee
56.1. Our Mattress 10 Year guarantee relates only to Arista Living Mattresses that have been purchased directly with Ideas Marketing Ltd; the company which owns the brand Arista Living
56.2. This guarantee is not transferable
56.3. This 10 year guarantee starts from the delivery date for a period of 10 years and is intended solely for the purpose to offer protection against manufacturing defects
56.4. We do not consider a manufacturing defect if the mattress has not been looked after in accordance with our care advice
56.5 Our guarantee covers and is limited to the following manufacturing defects:-
a. Any visible enduring concavities, dips or sagging within your mattress that exceeds 2.5cm and can be clearly noticeable the foam has a permanent indentation
b. The removable cover is guaranteed for any zip faults or faulty stitching. We must be notified of any manufacturing defects within 30 days of receiving your mattress
c. We do not consider the cover to have a manufacturing fault from any damaged caused through general wear and tear
d. Any covers deemed as a manufacturing fault will be replaced free of charge under this guarantee
e. Cracks that can be proven that were not caused by misuse. We will only take liability for cracks if we are notified within 3 months
f. Our Guarantee does not cover:-
g. Issues that have arisen due to not following our care instructions
h. For any other use other than its intended purpose as a domestic mattress
i. Damage caused by tears, burns, liquids, or stains
j. Mould, dirt or odour’s
56.6 The guarantee does not cover mattresses that were not opened within 1 month of delivery.
Making a claim
56.7. If you believe you have a claim under our guarantee please contact us at email@example.com
We will require:
a) Proof of purchase
b) Clear images of the defects
56.8. If you have a successful claim we will replace the defect mattress “like for like” at our cost
56.9. On receipt of a replacement mattress the guarantee will continue from the previous mattress received date and will not begin at year 1 of 10 years
56.10. We reserve the right to employ 3rd party experts to carry out a full report to determine any manufacturing defects. This will be with an accredited UKAS or NBF company Should we believe a claim does not meet our guarantee criteria you have the right to undertake you own test. If this test proves to show manufacturing defects we will honour the terms of this guarantee on the condition the test had been carried out by an accredited company who is a member of UKAS or NBF
Circumstances beyond the control of either party
57. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
58. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
59. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
60. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
61. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
62. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Model cancellation Form
Ideas Marketing Ltd
253 Heywood Road
Email address: firstname.lastname@example.org
Telephone number: 01617731902
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)