Harrison Spinks T&C's

Terms and Conditions

Please read the following important terms and conditions before you buy anything on the Velocity website.

Your order & contract will be with Harrison Spinks not The Bed Post

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.

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’re entitled to the following:

  • up to 30 days: if your goods are faulty, you can get a refund;
  • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
  • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. This summary is not intended to replace the contract below which you should read carefully.

These Terms set out:

  • your legal rights and responsibilities,
  • our legal rights and responsibilities, and
  • certain key information required by law

 In these Terms:

“We”, “us” or “our” means the retailer that provided you with the link or connection to this website (https://harrison‐spinks‐velocity.myshopify.com/) (the “Velocity Website”), whether in our premises or via our website or an email from us to you. You can find out more information about us from our website (the “Our Website”). We have appointed Harrison Spinks Beds Limited (company number 0277690 with registered office at The Innovation Centre, Westland Road, Leeds, West Yorkshire, England, LS11 5SB) (“Harrison Spinks”) to collect payment from you on behalf of us and to deliver your Velocity Mattress to you.

“You” or “your” means the person using our website to buy goods from us.

“Working day” means Monday to Friday, except for public holidays (including bank holidays).

 

If you don’t understand any of this contract and want to talk to us about it, please contact us by using any of the contact details set out on our Website.

  1. Introduction

If you buy goods on the Velocity Website you agree to be legally bound by these Terms and any documents referred to in them, together with our Privacy Policy, Terms of Website Use and Delivery Information, which form part of the contract between you and us as though set out in full here (the “Terms”).

You may only buy goods from the Velocity Website for non-business reasons. If you want to buy our products for your business you should contact us using the details found on our Website to discuss how we might supply to business customers.

All Velocity Mattresses comply to British Standard BS7177 domestic use.

These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings, or implications whether written or oral.

  1. Information We Give You

By law, we must give you certain key information before a legally binding contract between you and us is made (the “Contract”).

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

We reserve our right to amend these Terms from time to time. If we must revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you would like to cancel, you will have to return (at our cost) any relevant goods you have already received, and we will arrange a full refund of the price you have paid.

  1. Harrison Spinks

Harrisons Spinks will collect payment from you on our behalf via the Velocity Website. Harrison Spinks will also arrange to deliver your Velocity Mattress to you on our behalf. If you have any concerns or issues with the Velocity Mattress you receive, please contact us via any of the contact methods on our Website or using the contact details we provide to you. If you contact Harrison Spinks to discuss your Velocity Mattress, Harrison Spinks will direct you to us.

Below, we set out how the Contract between you and us is made.

Orders should be placed by you via the Velocity Website. Please read and check your order carefully before submitting it. It is your responsibility to ensure your order is correct. We will not be responsible for any mistakes made to your order by you. If there is a mistake, you must notify us in writing of the correct details before the goods have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.

When you place your order at the end of the online checkout process we will acknowledge it by email to confirm that we accept your order. We may contact you to say that we do not accept your order. This is typically for the following reasons:

  • the goods are unavailable,
  • we cannot authorise your payment,
  • you are not allowed to buy the goods from us,
  • we are not allowed to sell the goods to you,
  • you have ordered too many goods, or
  • there has been a mistake on the pricing or description of the goods (where permissible under applicable law).
  1. Delivery

Your Velocity Mattress will be sent via a courier service within 1 -5 working days from ordering. The courier will contact you to make the arrangements for delivery. If the offered date is unsuitable further dates will be offered but these may be outside the normal 1 -5 working days.

Your Velocity Mattress will be delivered to addresses in standard delivery areas on the date agreed. We do not deliver on weekends. If the delivery address is in an extended delivery zone, such as the Scottish Highlands, delivery may take 7-10 days from the date you place your order. More information is available on the Velocity Website in respect of the location of standard delivery areas and the extended delivery zone.

You can see your delivery options by visiting the Velocity Website page “Delivery & Returns” before you place your order.

The estimated date for delivery of the goods is set out in the confirmation email. For convenience, you will receive an SMS message and/or email confirmation message with your delivery date when you have placed your order. On the day before agreed delivery you will receive an SMS and/or email advising you of a two hour delivery window within which our third party carrier will aim to deliver the Velocity Mattress to you. You will be provided with access to the courier portal to allow you to track your shipment.

If something happens which is outside of our control and affects the estimated date of delivery we will let you have a revised estimated date for delivery of your Velocity Mattress.

Delivery of the Velocity Mattress will take place when we deliver it to the address that you gave to us during the online ordering process. Delivery will be to the room of your choice (at the discretion of the delivery team) of the property at the address or to the door of your property, as chosen by you. On entry to the property, we and any third party contractor may refuse to deliver to a room if it is obvious that they will cause damage in doing so (i.e. if there are paintings hung on the staircase that they are likely to knock off ) or if the delivery team believes it would be unreasonable or unsafe for them to deliver the mattress to the room chosen by you for any other reason. The delivery team may choose to leave the mattress at your door rather than enter your property because of coronavirus. Any damage to the goods or your property or its contents as a direct result of our delivery service must be reported to us by email within 3 working days of the delivery taking place. If you do not report such damage to us within this time frame, then we shall not be liable to you for any such damage.

The driver may ask to see a form of ID to satisfy himself that the person accepting delivery is you or a person authorised by you to accept delivery of the goods.

Unless you and we agree otherwise, if we cannot deliver your goods within 21 days of the original delivery date, we will let you know, cancel your order, and give you a refund.

If nobody is available to take delivery, you will be contacted to rebook a delivery slot.

You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

If you have ordered more than one item from us, please be aware that each item may be delivered separately.

  1. Right to Cancel this Contract

You have the right to cancel this Contract within 14 days from the date of the delivery of the goods without giving any reason.

The cancellation period will expire after 14 days from the day you receive the goods.

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). You can use the model cancellation form set out in the box below, but it is not obligatory. If you use this method, we will email you to confirm we have received your cancellation.

Cancellation Form

Please send your cancellation form to our contact postal or email address set out on Our Website.

I [*] hereby give notice that I [*] cancel my [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*],

Name of customer,

Address of customer

 

Signature of customer (only if this form is notified on paper),

Date

[*] Delete as appropriate

If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day. If the last day of the cancellation period is a Saturday, Sunday or public holiday, the cancellation period will be extended to the next working day.

  1. Effects of Cancellation

If you cancel this Contract under Clause 5, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and no later than:

  • where we collect the goods, 14 calendar days after the day on which we are informed about your decision to cancel this Contract.
  • where you return the goods, 14 calendar days after the day we received back from you any goods supplied, or (if earlier) 14 calendar days after the day you provide evidence that you have returned the goods, or
  • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If we have agreed to collect the Velocity Mattress, we will collect it without undue delay and in any event not later than 14 calendar days from the day on which you communicate your cancellation from this Contract to us. Where you are responsible for returning the goods to us, you must do so within 14 calendar days from the date on which you communicate your cancellation of this Contract to us.

You are responsible for packaging and passing the Velocity Mattress to our third-party collection company. If you are returning your Velocity Mattress to us please ensure it is packaged appropriately to avoid any damage occurring to the Velocity Mattress. We may charge you for any damage caused because of packaging of the Velocity Mattress.

  1. How to Pay

We accept payment via credit cards, debit cards and PayPal account. We do not accept cash or cheques.

We will do all that we reasonably can to ensure that all 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 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.

Your credit card or debit card will only be charged at the time the order is made. If we cannot supply you with the goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event within 5 working days.

When making a payment to us (including payments taken by Harrison Spinks on our behalf), you are confirming that all details you provide to us for the purpose of purchasing any goods are correct, and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any goods, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.

  1. Price of Goods

The price charged by us for the Velocity Mattress will be as quoted on the Velocity Website at the time you submit your order.

Prices for the Velocity Mattress may change from time to time, but changes will not affect any order you have already placed.

The price of the Velocity Mattress includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom 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 goods in full before the change in VAT takes effect.

The price of the Velocity Mattress includes standard delivery. We do not offer any premium delivery services for the Velocity Mattress.

It is always possible that, despite our reasonable efforts, some of the goods on the Velocity Website may be incorrectly priced. The following process will apply:

  • where the correct price is less than the price stated on the Velocity Website, we will charge the lower amount when dispatching the goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order.
  • and if the correct price is higher than the price stated on the Velocity Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order.

We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Occasionally third parties offer discounts and voucher codes for our products despite not being affiliated with our business and not having approval from us. We are entitled to decline any discount, promotion, voucher or similar codes that have been provided by third parties to you, and to end our own promotions at any time.

  1. Nature of the Goods

You have certain legal rights (also known as ‘statutory rights’), for example, that the goods:

  • are of satisfactory quality,
  • are fit for purpose,
  • match the description, sample or model, and are installed properly (if we install any goods).

We must provide you with goods that comply with your legal rights.

  1. Faulty goods

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

  • contact us using any of the contact methods referred to on Our website.
  • If you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06

Nothing in this Contract affects your statutory rights. You may also have other rights in law.

If you have any concerns about the mattress or believe that the mattress is faulty, please contact us directly. If you contact Harrison Spinks to discuss your mattress, Harrison Spinks will direct you to us.

11.Our guarantee

We will repair or replace any faulty Velocity Mattress under our 5-year manufacturer’s guarantee. This guarantee relates to Velocity Mattresses only and not to any other goods. 

We also offer an additional 5-year warranty with a sliding scale of the charges payable by you for any repairs or replacements we provide under the additional 5 year warranty. Please see [insert link] for further information about our warranty.

The guarantee above does not affect and is in addition to your legal rights in relation to faulty goods as set out in clause 10.

The guarantee above does not apply to instances of normal ageing, wear and tear, damage because of any kind of accident or abuse, or if the applicable product is in a soiled or unsanitary condition.

The guarantee may be invalidated if you have not taken reasonable care of your Velocity Mattress. You should ensure that you read the care guide provided with your product, as failure to follow the care instructions could invalidate the applicable guarantee.

Any claim under a guarantee must be made within 30 days of discovery by you of (or when you ought to have discovered) the defect.

If you alter or repair the applicable product without our prior written consent the product will not be covered by the relevant guarantee.

The guarantee may not be assigned to someone else unless you have purchased the applicable product as a gift in which case you may transfer the benefit of the guarantee without asking for our consent.

The guarantee above is limited to Velocity Mattresses used solely for non-commercial purposes.

  1. Our Liability to You

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence up to a limit of the price paid for the goods, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered in to the Contract.

We only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Notwithstanding any other terms of these terms, we do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence.
  • fraud or fraudulent misrepresentation.
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
  1. Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible.

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

  • let you know that we cannot settle the dispute with you, and give you certain information required by law about our alternative dispute resolution provider.

You may also use an online dispute resolution platform to resolve the dispute with us.

  1. Other Important Terms

We will comply, as data controller, with the Data Protection Legislation when we process personal data you pass to us. More information can be found about the ways in which we process your personal data in our privacy policy available on Our website.

These Terms shall be governed by the laws of England and the Courts of England and Wales will hear any dispute between you and us in relation to this Contract. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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. We will always notify you in writing or by posting on this webpage if this happens.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased goods as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.

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.

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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of the goods will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these terms.

If you have questions about our Website or our privacy policy, please feel free to contact us using any of the contact details on our website.