1.1 The terms contained in this document apply to all transactions for the purchase of products and services from the website. By ordering any Services from our Site you are indicating your acceptance to be bound by these Terms of Trading. They form a legal agreement between you and us and can only be amended with our consent.
1.2 We reserve the right to change these Terms of Trading from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.
2.1 You may place an order to purchase a Service advertised for sale on our Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button on the checkout page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered.
2.4 If your order includes a Service and/or Product which is not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option at this point to wait until the Service and/or Product is available or cancel your order.
3. PRICES AND PAYMENT
3.1 The prices of Services and Product advertised for sale on our Site are as set out on our Site. All prices are in pounds (£) sterling, inclusive of VAT, and all shipping charges.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 Payment in full is due prior to dispatch of your order and can be made by most major credit or debit cards, detail will be taken on acceptance of your order, when delivery is arranged.
4. DELIVERY AND SHIPPING
4.1 Subject to availability, we will use all reasonable endeavours to deliver the Services you have ordered as soon as possible after your order is accepted by us. [We will only deliver all Services comprised in your order in one delivery].
4.2 We will deliver directly to the address specified in your order.
4.3 Deliveries are made Monday to Friday (excluding bank and public holidays) normally between the hours of 8am and 5pm. Saturday deliveries are available at an additional cost. On the day of delivery, you will receive a text message confirming your delivery window. All deliveries require a signature to confirm receipt.
Under no circumstances should you amend your delivery arrangements once confirmed. DO NOT arrange to collect your equipment from a local collection point without first contacting Mermaid at Heart Ltd. for advice. We reserve the right to recall our equipment or suspend delivery if arrangements are changed without our prior knowledge. The equipment remains the property of Sleep Stars at all times.
4.4 Once delivered, the Services ordered will become your responsibility and, except in relation to Services that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5.1. If you cancel with more than 4 weeks’ notice you will receive a full refund.
5.2. If you cancel with 1-4 weeks’ notice you will receive a 50% refund.
5.3. If you cancel with less than one weeks’ notice, you will receive a
6. FAULTY SERVICES
6.1 If any Service you purchase is damaged or faulty when delivered to you we may offer an exchange if reported to us within 72 hours of receipt. In accordance with your legal rights, if you believe a Service is faulty, you should notify us to arrange for replacement and return of the faulty Service(s).
6.2 Our policy on faulty Services does not affect your statutory legal rights.
7. SERVICE INFORMATION
7.1 We have taken reasonable steps to display as accurately as possible the detailing of our Services in the images that appear on our Site. However, as the actual colours and detailing you see onscreen will depend on your screen, we cannot guarantee that your screen’s display of any colour or other detailing will exactly reflect the colour or detailing of the Service(s) upon delivery.
7.2 Any information on our Site regarding sizing of Services is included as a guide only. If you are in any doubt as to the size of any Service you require, we recommend that you contact us prior to placing an order.
8. ORDERS FOR DELIVERY OUTSIDE THE UNITED KINGDOM
8.1 We do not accept orders outside England, Wales and some areas of Scotland*, this applies to Scottish Islands (HS1-19, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3), Southern Ireland, Northern Ireland, Channel Islands, Isle of Scilly, Isle of Man
8.2 Please contact us before ordering Services for delivery outside these areas. We will refuse to accept your order should you not contact us before ordering. Subject to us agreeing to and being able to deliver the Services outside the United Kingdom as they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the Services are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
8.3 Deliveries to these areas are subject to additional fees and charges, which will be confirmed at the time of ordering, and will be subject to your acceptance.
* We are unable to offer free Next Day Delivery and Collection to the following postcodes (because of the distance from the nearest delivering depot):
AB36-38, AB55-56 (Aberdeen), FK17-21 (Falkirk), IV1-39, IV52-54, IV63 (Inverness) KW1-14 (Kirkwall and Caithness), PA21-40 (Paisley), PH19-26, PH30-41, PH49-50 (Perth) A £15 surcharge will apply.
9.1 We understand that you may have concerns about security on the internet. Our Site uses a secure server in our 3rd party online ordering process to protect your personal information.
9.2 When you proceed to the checkout, no payment details will be taken, these will be entered directly by us onto the secure server of our payment service provider, we do store any payment details on our servers.
9.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
9.4 If you have any additional queries about security, please contact us.
10. OUR LIABILITY
10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
10.2 You are responsible for the use you make of the Service(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable.
10.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
10.4 Nothing in this section or elsewhere in our Terms of Trading affects your statutory legal rights.
11. CONDITIONS OF HIRE
11.1 Our guarantee is that we are confident that the equipment leaves our premises in perfect working order. Airbeds are fully inflated for cleaning and for full inspection after every hiring. Sleeping bags and liners are also cleaned after every hiring. We are confident that they leave our premises in good condition and perfect working order. You must follow all our assembly instructions as provided in the kit.
11.2 It is the responsibility of you the hirer to ensure the safety of all those involved in the use of the equipment and to make sure that the building in which the equipment is placed is suitable for the purpose, we do not accept liability for any consequential loss or damage, costs, expenses or other claims for compensation whatsoever which may arise out of or in connection with the hiring and use of our equipment. In all other events our liability is limited to return of the hire charge.
11.3 Any fault or failure of the equipment must be reported to us immediately and no attempt to repair it without our authorisation. Any use of the equipment for purposes other than those stated in the contract will invalidate the guarantee.
11.4 This covers the replacement of any faulty part. When equipment has left our premises, the faulty item must be returned to us for attention. If a fault causes the equipment to be unusable for the intend use, then a full refund will be made. However, the equipment must have been inflated and tested within 72 hours of receipt otherwise the refund is discretionary.
11.5 The equipment must remain at the address provided and, in your possession, unless otherwise agreed by Sleep Stars. You are responsible for the equipment during the duration of the hire period. None of the equipment should be stored outside.
11.6 We wish to make it clear that the equipment has a capital value which means that if for any reason you cannot return it or it is returned unusable at the end of the hire period you are liable for these charges. Also, the hire period will extend until we have a replacement equipment ready to hire out. This also applies to damage or missing accessories such that we will charge you for the replacement parts at cost price. You are expected to take reasonable care of the equipment whilst in your possession. We operate an honesty policy, please notify us if you accidentally damage any of the equipment, please be aware that some damages will have to be paid for. If you fail to notify us of any loss or damage, we reserve the right to charge the full replacement cost, and in some cases, any loss of income and interest.
12.1 We will take any necessary steps to recover the equipment if you cannot be contacted or if the equipment is not returned within one month of your hire period expiring. We reserve the right to charge for the cost of replacement, loss if income and all additional expenses incurred.
12.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trading.
12.2 If any part of these Terms of Trading is found to be unenforceable as a matter of law, all other parts of these Terms of Trading shall be unaffected and shall remain in force.
12.3 You and we agree that Scottish law applies to these Terms of Trading and that any dispute between us arising out of or in connection with these Terms of Trading will only be dealt with by the Scottish courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12.4 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
13. HOW TO CONTACT US
13.1 Please feel free to contact us using the details set out on our website.