Terms & Conditions of Purchase

 

1.                 These terms

1.1                    These terms and conditions relate to any products supplied to you through this website or by telephone or other electronic means (“the Site”) by L K & G Group Limited trading as Milam (“Milam”, “we” or “us”) to you, the customer or Site user (“you”).

1.2                    These terms and conditions together with the receipt of order and dispatch emails we send to you will form the agreement between you and us (“the Agreement”).

1.3              These terms and conditions may be varied by us at any time by posting amended terms and conditions on the Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.

1.4              These terms and conditions relate to your contract to buy goods or services from us through the Site but do not relate to your use of the Site otherwise. Please see our separate Site Terms of Use for this. Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data. This also includes our Cookies Policy for information about cookies.

2.                 Orders

2.1              The Site explains how to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2              After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted. 

2.3              We will confirm our acceptance of your order to you by sending you a confirmation e-mail that confirms that the products have been dispatched (“Confirmation”).  The Contract between us will only be formed when we send you the Confirmation.

2.4              If we are unable to supply you with a product, or if we decline to accept your offer to purchase products from us, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. We reserve the right to decline your offer for any reason including because we are unable to sell the products to you, or if you are not allowed to buy the products from us. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

3.                 Payment and prices

3.1              At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us accepting your order.

3.2              The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we accept your order.

3.3              The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

3.4              The price of a product listed includes delivery charges within the UK but not for delivery outside of the UK for which additional delivery charges may be applied.

3.5              All prices are expressed inclusive of any VAT payable unless otherwise stated.

4.                 Availability and Products

4.1              Any order you may place with us is subject to availability of the products ordered. We cannot and do not guarantee that any item shown on the Site will be available continuously or at any given time.

4.2              Please note that we may sell certain sleep aids and similar products, please ensure that you check applicable warnings on the labels of such products.

4.3              If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.

4.4              The packaging of the products may vary from that shown on images on our site.

4.5              The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

4.6              We are under a legal duty to supply products that are in conformity with the terms of our agreement with you.

5.                 Discount Codes

5.1              From time to time discount codes may be available for our products. Any promotion or discount code is discretionary and is offered for goodwill purposes only. We reserve the right to decline any promotion or discount code for any reason. We may decline a discount or promotion if you are already using one discount, if the promotion or code has expired, if you seek to use a promotion or discount code more than once, if an order has already been placed or if the order is below a given threshold value or does not include a mattress.

5.2              Promotions and discount codes have no cash value and are not transferrable or exchangeable.

5.3              If you have purchased any products using a promotion or discount code and you have received a discount against the retail price offered by us and you subsequently cancel all or part of that order, we will deduct the discount from any refund paid to you.

6.                 Delivery

6.1              Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.

6.2              At the time you place an order we may not be able to provide an exact date of delivery. In those circumstances we will endeavour to provide you with an approximate delivery time when you place the order and we or our delivery partners will contact you again when we are able to specify a date.

6.3              We will endeavour to deliver items within the United Kingdom within 10-15 working days but we are not able to guarantee any specific delivery date. In rare cases it may take us up to 6-8 weeks to deliver an item. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control.

6.4              Whilst we will use reasonable endeavours to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.

7.                 International Delivery

7.1              We do not offer international delivery outside of the United Kingdom. Please note that if you order products from our site and arrange for delivery outside of the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount. 

7.2              You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

7.3              You must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable or responsible if you break any such law.

8.                 Your Right to Cancel

8.1              You can cancel or change any of your current orders prior to dispatch by contacting us on hello@milammattress.co.uk.

8.2              Please see our Returns and Cancellation Policy which explains your right to cancel a contract for the purchase of products without giving a reason and how you can exercise that right.

8.3              Personalised or perishable items or items with a hygiene element may not be returned unless they are defective save as specified in our returns policy.

8.4              Under the Consumer Rights Act 2015 any products supplied must be as described, fit for purpose and of satisfactory quality.

8.5              If you wish to exercise your legal rights to reject faulty products you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent immediately then you must tell us within 30 days). You will then need to return the product in person, post it back to us or (if not suitable for posting) allow us to collect them from you.

8.6              If you wish to return a faulty item more than 30 days following delivery then you will be responsible for paying for the cost of return postage or collection from you. If the item is found to be faulty we will offer a repair, replacement or refund at our discretion and we will reimburse the costs of postage or collection.

9.                 Warranty

9.1              Mattresses will benefit from a standard 5 year warranty issued by the manufacturer that the mattress will be free of defects in design, materials and workmanship.

9.2              We give no additional warranty for other products, but please note that we are obliged to sell only products which are of reasonable quality; fit for their intended purpose and which meet their description.

9.3              All warranties are given on the condition that you follow the wash and care instructions for the products. These instructions will be on the product label or set out in our FAQ page. The warranties are given on the condition that the products are subject to normal use and are not tampered with or altered by you.  

10.              Our Liability

10.1           Subject as expressly provided in these terms and conditions, and where you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statute or common law are excluded extent permitted by law.

10.2           If you are a consumer your statutory rights are not affected by any of these terms and conditions.

10.3           Any claim by you which is based on any defect in the quality of the products supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery if the defect is apparent (and in any case, within 30 days of delivery if the defect is apparent on delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the products and we shall have no liability for such defect or failure.

10.4           Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet its specification is notified to us in accordance with these terms and conditions, we shall replace or repair the items free of charge or refund to you the price of the item, but we shall have no further liability to you.

10.5           We will not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of products or their use or resale by you, except as expressly provided in these conditions.

10.6           Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.

10.7           Nothing in this clause or any other of these terms and conditions will exclude or limit our liability in respect of death or personal injury caused by our negligence.

11.              Miscellaneous

11.1           These terms and conditions and this Agreement will be subject to the laws of England and Wales unless you are ordering from a European Union country outside of the United Kingdom and you are relying on compulsory consumer rights in that country. We will try to solve any disagreements quickly and efficiently.

11.2           If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

11.3           If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.

11.4           We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

11.5           This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.1           Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.2           If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

11.3           We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.

11.4           If you have any queries or wish to make any complaints about us or our products please contact hello@milammattress.co.uk or write to us at 38 College Road, Epsom, KT17 4HJ. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage=

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