Terms and Conditions

Please read the following important terms and conditions before you buy anything and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. You may also cancel the provisions of certain services within 14 days from the formation of the contract; however, if those services have begun before your cancellation, you will be liable for charges for the period in which you use or receive those services up until your cancellation.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you are entitled to the following:

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

In this contract:

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to sales@laybrook.com or calling us on 01869 255400.

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the above contact details or visit our website.

Who are we?

We are Laybrook Group Limited (trading as Laybrook / Laybrook.com), a company registered in England and Wales under company number: 13616740. Our registered office is at: Faveo House 2 Somerville Court, Banbury Business Park, Adderbury, Oxfordshire, United Kingdom, OX17 3SN. Our VAT number is: 395258947.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1. Introduction

1.1 If you buy goods from us, you agree to be legally bound by this contract.

1.2 This contract is only available in English. No other languages will apply to this contract.

1.3 When buying any goods from us, you also agree to be legally bound by:

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which sets out what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. Ordering goods from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 When placing an order on our site please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us. When placing an order by phone, please check and confirm your order verbally with our staff.

4.3 When you place your order at the end of the online checkout process (e.g. when you click on the checkout button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.5 We will only accept your order when we email you to confirm this (‘Confirmation Email’). At this point:

4.6 If you are under the age of 18, you may buy some goods from the site; however, you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.

4.7 As products sometimes change, pictures may not reflect the exact specification and are subject to change without notification.

4.8 Where a Customer dies after placing an order and is subject to other statutory or contractual rights available to the Customer, the Customer and/or his/her estate shall remain liable for all amounts due to be paid under the Contract.

4.9 If you change your sales order more than 48 hours after placing the order, Laybrook Group Ltd reserve the right to charge a £20.00 administration charge.

5. Right to cancel

5.1 You have the right to cancel this contract within 14 days without giving any reason.

5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page. You may also use the slip provided at the end of this document.

5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the rest period has expired.

5.5 Special Orders must be cancelled within 48 hours of placing your order, as your bed will have commenced manufacture. If you cancel after the 48-hour period, Laybrook reserves the right to retain your deposit. If no deposit is paid, then 30% of the purchase price is payable.

5.6 You can exchange a mattress free of charge for a firmer or softer feel within 14 days of delivery, or you can upgrade your mattress at the standard charge for upgrades.

5.7 If the product has been opened and used, you cannot send it back due to cross-contamination. If you would like to retain your right to cancel within 14 days you must keep the packaging on the product and not soil or damage the product, and inform us clearly and unambiguously in writing, as specified in this clause 5, of your firm and settled decision to exercise your right to cancel within 14 days of delivery.

5.8 If you would like to discuss a refund or exchange of any product, please call our Customer Services Team on 01869 255400, Monday to Thursday 9 am-5.30 pm and Friday 9 am to 4 pm.

5.9 Cancellations made after 14 days will be subject to a restocking fee of £195.00 or other such amounts as we may determine from time to time (the “Restocking Fee”) and delivery fee of £225.00 or other such amount as we may specify from time to time, exclusive of the cost of any redelivery (the “Delivery Fee”).

6. Effects of cancellation

6.1 If you cancel this contract, we will reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us or where the contract concerns a Special Order).

6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the goods suffer damage which was not evident and/or present upon delivery.

6.3 We will make the reimbursement without undue delay, and not later than:

6.4 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.

6.5 We may withhold reimbursement until we have received or collected the goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

6.6 If you have received the goods:

6.7 If a product is made to order and/or is created specifically to your expressed needs i.e. Special Orders then there will be no right to return nor refund available under this clause 6.

6.8 No refunds are given on mattress-only purchases unless the mattress/s are unused, have not been slept on and are returned undamaged.

6.9 If purchasing a Mattress-only or Special Order you may be eligible for a mattress exchange within 14 nights of delivery. For Mattress-only Purchases, no refunds are given once the mattress/s is/are unpacked and used.

7. Delivery

7.1 We use service providers to deliver our goods. For information on delivery options and costs, visit our webpage: www.laybrook.com/delivery. During the online checkout process, you will be given available delivery options to choose from.

7.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).

7.3 If something happens which is reasonably outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.4 Delivery will take place at the address specified by you when you place your order with us.

7.5 We may not deliver the goods if we are unable to properly identify you. You agree to provide our driver with a form of ID (passport or photocard driving licence), where required; otherwise, this may result in a failed delivery, and we may then take back the goods, and in such an event, you agree to be liable to pay us the Delivery Fee.

7.6 Unless you and we agree otherwise, if we cannot deliver your goods (due to a delay attributable to us only) within 60 days of the date of your Confirmation Email, we will:

7.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page. If you do not notify us in the event that nobody is available to receive the delivery, you will be charged the Delivery Fee.

7.8 You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.

7.9 We may deliver your goods in instalments.

7.10 Any issues or shortfalls relating to the delivery of any goods must be reported to us within 24 hours of delivery; otherwise, you are taken to accept that the goods have been delivered in full.

7.11 The Delivery Fee will be payable by you to us if you cancel delivery, giving us less than 24 hours’ notice if the delivery address is located in England and Wales or 48 hours’ notice if it is in Scotland and for deliveries to Scotland, a cancellation fee of £125.00 will be payable in addition to the Delivery Fee. The notice must be in writing prior to 00.01 (12.01 am) on the day of confirmed (if not confirmed, then estimated) delivery (the “Delivery Variation Notice Period”).

7.12 If you decide during installation that you do not wish to proceed with the purchase, you will be liable for the Delivery Fee and the Restocking Fee.

7.13 If we are unable to complete a delivery due to access issues within and/or surrounding the delivery address that you did know about and/or ought to have reasonably known about, and these restrictions on access have not been disclosed to us within the Delivery Variation Notice Period, we will charge a Restocking Fee and a Delivery Fee.

7.14 If any issues with access make delivery and or installation dangerous, unreasonably difficult or otherwise impractical in the conclusive view of our delivery staff, and you knew about or ought to know about these issues and failed to inform us within the Delivery Variation Notice Period, we will charge a Restocking Fee and Delivery Fee regardless of whether delivery has actually taken place. In such an event, we will hold your order for up to 14 days at a location nominated by us to allow you to collect your order from that location, providing that the goods, Restocking Fee and Delivery Fee have been paid in advance of collection and/or you can request a redelivery but you must pay an additional Delivery Fee in advance of re-delivery taking place.

7.15 In the case of cancellation of a Fast Delivery order, the Fast Delivery charge will not be refunded.

7.16 Deliveries by courier companies, e.g. TNT, are not guaranteed by us. If cancellation occurs due to non-delivery by them, the Restocking Fee will be charged on all products. Any damage will have to be signed for “as damaged” before accepting delivery by the courier company, or liability for any damage will be your responsibility.

8. Payment

8.1 We accept most credit cards and debit cards. We do not accept cash or cheques for online orders.

8.2 We will do all that we reasonably can, to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or any Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.

8.4 If your payment is not received by us and you have already received the goods, you must:

8.5 If you do not pay for the goods and fail to return them in accordance with clause 8.4, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

8.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.7 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, visit our webpage www.laybrook.com/delivery.

8.8 Any outstanding balance on the order must be settled on the day of delivery.

8.9 Interest on any amount outstanding over 30 days will apply at 8% per annum.

9. Our Money Back Guarantee

9.1 Our 7-day money-back guarantee means that you can use the bed for seven days after the date of delivery without worrying about packaging or returning the bed yourself. If, in the event, you do need to send the bed back, we will collect it from you free of charge and a full refund given within the 7-day period after delivery, subject to the following:

10. Our 14-Night Mattress Trial

10.1 We offer an exchange service for qualifying mattress purchases where:

10.2 We offer a refund on purchases where 9.1.2 above are satisfied and:

10.3 Turning beds are exempt from our 14-Night Mattress Trial.

10.4 Our 14-Night Mattress Trial does not affect your statutory rights.

10.5 Persons who visit our showroom will only be eligible for our 14-Night Mattress Trial on the mattress only as they will already have had an opportunity to inspect the bed/mechanism.

11. Nature of the goods

11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

11.2 We are under a legal duty to supply you with goods that are in conformity with this contract.

11.3 The packaging of the goods may be different from that shown on our website or brochures.

11.4 The size of our products is not exact, and if you have limited space in which you intend for these products to fit, this must be disclosed to us prior to purchase.

11.5 While we try to make sure that:

11.6 Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

11.7 If we cannot supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:

12. Mechanisms, Specifications, Demonstrations and Advice

12.1 All mechanisms’ weight limits are specified. Standard mechanisms are up to 18 stone, and heavy-duty mechanisms are up to 25 Stone (‘Heavy Duty’).

12.2 All mechanisms have weight limits. Not only should your weight be considered, but the weight of the mattress you have chosen, your duvet, pillows, and anything else you may have on the bed. These should be included when working out the user weight limits. We recommend that your weight is 10-15% below the mechanism’s weight limit to account for additional items on the bed.

12.3 If you have a Heavy-Duty mechanism fitted into your bed. The weight limit is 25 Stone; however, this means that the weight must be distributed evenly across the mechanism, e.g. 12.5 stone at the head end and 12.5 stone at the foot end of the bed, including the weight of the mattress, duvet, pillows, etc.

13 If you have requested a specific height alteration for your new bed, please be aware that there may be a tolerance of 0.5 of an inch either way.

14 If you decline the advice that we give about the height of the bed, even if it is not a Special Order, and it becomes obvious that this is a problem and reason for a return, the customer will be charged the Collection Fee and a Delivery Fee.

15 Please be aware that when we deliver and install your product, our engineer will carry out a full demonstration of the product. Should you refuse this, Laybrook reserve the right to make a charge of £225.00 to revisit to carry out a demonstration of the product.

16. VAT Exemptions

16.1 For VAT exemption, it is the Customer’s responsibility to declare the user’s name and chronic medical condition. Laybrook takes no responsibility for misinformation.

16.2 The Customer will indemnify us against any misinformation given by the Customer or its agents, resulting in any financial penalty for us, resulting from, or that which could reasonably be considered as resulting from, a misrepresentation made by the Customer.

16.3 If a product is to be used for general purposes (Care or Nursing Homes) or for more than one specific user, VAT is applicable at 20%.

17. Call outs

17.1 In the event that we are called out to repair a reported problem and it transpires upon arrival that there is user error and/or no fault with the goods, a £225.00 call-out fee or other such amount as we shall determine from time to time will be applicable.

18. Faulty goods

18.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

18.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

18.3 If your goods are faulty, please contact us using the contact details on this page.

19. End of the contract

If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.

20. Limitation on our liability

20.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

20.2 In any event, our liability is limited to the price of the contract.

21. Third-party rights

No one other than a party to this contract has any right to enforce any term of this contract.

22. Default

You hereby agree to fully indemnify us and shall keep us indemnified against all costs, expenses, liabilities and damages (including legal expenses) arising from any breach by you of this agreement.

23. Disputes

23.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

23.2 The laws of England and Wales apply exclusively to this contract. However, if you are a resident elsewhere, you may retain the benefit of any mandatory protections given to you by the laws of that country.

23.3 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

24. Conditions of sale

24.1 The Agreement is made between Customer, hereinafter called the ‘Customer’, ‘you’, and Laybrook Group Limited, registered as a private limited company under company number: 13616740, herein called ‘Laybrook’, ‘our’, ‘we’.

24.1.1 Whereby it is agreed as follows:

24.2 General: These conditions of sale shall apply to all orders and contracts for the supply of furniture in mainland UK by Laybrook to the Customer, and any purported qualification or variation hereof by any employee shall be ineffective unless agreed to in writing by Laybrook. Laybrook shall not be bound by any oral description or representation made by any of its employees other than any description or representation contained on the internet or printed materials produced by Laybrook and given to the customer, and no such description or representation shall give rise to rights or claims of any kind.

24.3 Alteration on Design: If Laybrook alters the design specification of the furniture described in its sale or literature after the Customer’s order has been accepted, we will notify the Customer, who will have the option of cancelling the contract for a full refund.

24.4 Guarantee: Laybrook guarantee the working parts of the Bed Furniture will be free of failure for 1 to 5 years (depending on product) from the date of delivery, Chair Furniture for 1 or 2 years (depending on product) from date of delivery and Mattresses 1 year from date of delivery, provided that the parts have not been misused or tampered with. Should failure occur, Laybrook would affect repair at no cost to the customer within the time periods above. If failure is deemed to be caused by the customer and not by any mechanical fault of the furniture, a call-out charge and repair charge will be paid by The Customer to Laybrook on demand.

24.5 Moving of Bed: If the bed needs to be moved from the room of original installation, this must be done by a trained Laybrook engineer. Any movement of the bed not done by a Laybrook engineer will invalidate the Guarantee.

24.6 Delivery: Laybrook shall use its reasonable endeavours to meet all delivery times; however, if it becomes apparent that this will not be practicable and/or possible, we will seek to notify the Customer to re-arrange. If Laybrook is unable to deliver within a reasonable timeframe (‘reasonable’ to be determined at Laybrook’s sole discretion), the Customer will have the option to cancel the contract.

24.7 Passing of Property: The furniture and/or any goods provided to the Customer shall remain the property of Laybrook until paid for in full.

24.8 VAT: Laybrook and the VAT office will require the person for whom the electric adjustable bed is, to have a qualifying medical condition, which can be checked with a doctor (if deemed necessary), to qualify for zero payment of the VAT. The condition must be of a chronic nature i.e. (ongoing and not likely to get better in the near future). The medical condition will be requested at the time of order and is a self-declaration, if it is found that (for any reason) that you are required to pay the VAT (at the time of delivery or at any time in the future) and/or you have misled Laybrook and/or the VAT rules have changed, you will be solely liable for the VAT and any associated costs that Laybrook may incur, including advise and/or legal fees. Please check with your local VAT office if you are unsure if you qualify, and note that all responsibility lies with the Customer and that Laybrook does not and never will provide tax advice, and therefore no representation made by Laybrook should be taken on or relied on as tax advice.

THESE CONDITIONS OF SALE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER

We endeavour to provide goods and services which conform with consumer rights, but if there should be a problem, please contact us immediately you become aware of it on 01869 255400.

A copy of our complaints handling policy can be provided herewith. If you are unhappy with the outcome of a complaint and have exhausted our complaints process, you can approach the British Healthcare Trades Association (BHTA) for mediation (and ultimately arbitration) and, as a member, we will participate in this process. BHTA can be contacted at: New Loom House, Suite 4.06, 101 Back Church Lane, London E1 1LU Tel: 020 7702 2141 or bhta.com .

Alternatively, you can approach ADR provider The Furniture Ombudsman (TFO), but we will not participate if you do so, or visit the EU’s online platform for dispute resolution at ec.europa.eu/consumers/odr .

You have 14 days from the date of installation to cancel this contract (collection cost may be incurred). Please telephone us, email us, or download and print this PDF and return the tear off slip and put into an envelope to: The Manager, Laybrook Group Ltd, Units 4&5 Arena 14, Bicester Distribution Park, Charbridge Way Bicester, OX26 4SS.

……………………………………………………………………………………………………………………………………………………

Customer Name: ………………………………………… A/C No: ………………………………

Order Number: ………………………………………… Sort Code: ……………………………

The Manager, I have made a firm and settled decision and wish to use my rights to cancel this contract within the fourteen-day period agreed upon.

Sincerely …………………………………………………………………………

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