Terms and conditions

JV Home a trading name of Time4sleep Ltd Terms &
Conditions Trade Account

GENERAL

  1. These terms and conditions form the basis of the contract between Time4sleep Ltd (hereinafter referred to as “Time4sleep” or the “Company”) and its Customers.
  2. In these terms and conditions the following expressions shall have the following meanings unless the context otherwise requires:

    3. Contract – an agreement for the purchase of Goods by the Customer from Time4sleep; Customer – any person(s), firm or company that purchases Goods from Time4sleep, which definition includes retailers but excludes consumers;

    Goods – any items which Time4sleep supplies to the Customer under any Contract.

    The Driver – the driver engaged or employed by Time4sleep Ltd for deliveries using the Standard Delivery Service.

  3. This version of our terms and conditions replaces all previous versions which are hereby withdrawn.

  4. All Contracts will be under these terms and conditions to the exclusion of all other terms (including any terms the Customer purports to apply under any purchase order, confirmation of order, specification or other document) and these terms and conditions supersede and take precedence over any informal or verbal arrangements with Customers that may have existed previously

  5. The placing of any order following notification or display of these terms and conditions will be construed as acceptance of them in their entirety.

  6. By accepting these terms and conditions you warrant you are not purchasing Goods as a consumer.

  7. All descriptions, specifications, drawings and particulars of weights, dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description.

  8. Employees and agents of Time4sleep Ltd have no authority to make any representation, statement or report not contained in or incorporated into the quotation by Time4sleep Ltd and the Company shall not be bound by any such unauthorised representation, statement or report

  9. When an order is placed:
    1. For an item that is in stock: the stock will be allocated to the Customer and held for a maximum of 14 days.

    2. For an item that is currently out of stock: the request will be recorded on the Customer’s trade account and then ordered in specifically for the Customer.

ACCOUNTS –

OPENING OF AND ACCOUNT TERMS:

  1. To open an account with Time4sleep all Customers must provide:
    • A completed, signed account application form agreeing to comply with Time4sleep Ltd’s termsand conditions.
    • Two nominated trade references.
    • Permission to carry out credit reference checks before credit terms can be offered

  2. In addition to the above, in order to comply with money laundering regulations, Sole Traders and Partnerships must also provide:
    • One form of photographic identification (passport or driving licence).
    • Two utility bills showing proof of address and dated within the last three months
  3. The company requires an annual minimum spend of £5,000.00 plus VAT on all Trade Accounts. Accounts that fall below this value will be revoked and the account closed.

ONLINE TRADING

  1. The Company can provide photographic material for use in the Customer’s marketing literature. However, studio settings must not be used on any of the Customer’s websites, internet sites or marketing material without express written consent.

  2. The Company’s item codes, range name or EAN must not be used by the Customer for their own internet marketing or selling purposes.

  3. It must not be possible for the Customer’s products to be searched/located online by using the product code alone.

  4. The contact details (phone number and postal address) of all Company Customer account holders must be easily located and clearly visible on the Customer’s website.

  5. Social media websites can be used for advertising using product images. However, purchases are not permitted through such channels.

  6. The Company does not prohibit any sale of its products through a multi-retailer platform.

  7. The Company does not permit selling or advertising of its products on any third party website – such as eBay or Amazon – multi retailer selling websites or social media channels. If the Company finds any Customer accounts who are using these websites to do so, their Time4sleep trade account will be closed.

  8. Any Customers who do not have a retail premise/ site, but are open to the public, should be aware that they could be refused a Time4sleep trade account

DELIVERY METHODS

Time4sleep supply Goods to Customers via several delivery methods:
  • Standard Delivery
  • Direct Home Delivery
  • Collections
The terms and conditions specific to each mode of delivery are set out below:

Standard Delivery

  1. In order for Goods to be delivered by standard delivery, Customers must ensure that orders meet the necessary Minimum Order Value (MOV) – as notified at the time of account opening or subsequent account review.

  2. In stock delivery lead time is 2-5 working days upon receipt of an order that meets MOV. ustomers will be informed of an approximate delivery date upon ordering Goods and a secure delivery date when the availability of Goods is confirmed.

  3. Please note that Goods will not be left without the receipt of a signed delivery note. This document is legally binding and, once completed, will be used as proof of delivery for the issuing of an invoice that is payable with the agreed payment terms.

  4. All documentation (Delivery notes, Return notes) must be signed by an authorised member of the Customer’s staff . In the event of a shortfall in the Goods delivered against the quantity ordered, the actual quantity delivered shall be recorded.

  5. It is the delivery Driver’s responsibility to unload Goods from the back of the vehicle to a location in the immediate proximity of the vehicle; the Drivers may help move Goods to a location not in the immediate proximity of the vehicle as a point of courtesy.

  6. Delivery charges are included in the price except where otherwise stated.

  7. In the event of a failed delivery we will endeavour to re-schedule your delivery to the next allocated delivery date to your delivery zone.

  8. Customers not present for a scheduled delivery and who have not provided the minimum 24 hours’ notice of cancellation, will be charged for costs incurred for failed delivery.

  9. In the event of any delivery discrepancies, shortages, manufacturing defects, incorrect products or wrong components (e.g. wrong colour) being supplied the Customer must provide written notification to Time4sleep within three working days by email to [email protected].

  10. Customers should return the incorrect items but retain other Goods. Customers must not return the full Goods delivered as this will result in delays and may incur transport and administration charges.

  11. Please note any Goods that you may wish to return to Time4sleep on the day of your scheduled delivery date must first be scheduled and approved by JV Home Customer Service Team before they can be collected.

  12. Goods must be adequately packed in original packaging, clearly marked with an allocated returns label that will be sent to you via email or fax within 24 hours of booking your return with the Customer Service Team. The returns form sent by Customer Services should be completed and returned and the relevant returns label securely attached to the packaging.

  13. Failure to provide Goods adequately packed with a returns label and completed returns form may result in the delay of any credit notes due being allocated to your account

Home Delivery:

  1. Home delivery is available to UK Mainland only. Delivery address details needed to be confirmed at the time of order.
    1. Home delivery will be charged at £30.00+ VAT per bed.
    2. Any additionals items wil be charged at £15+ VAT per item
    3. Any additionals items wil be charged at £15+ VAT per item c. Please note collections are only permitted from retail premises – store/branch for collection by Time4sleep from business premises only – the retailer must recover items to store/branch for collection by Time4sleep from business premises only
     
  2. Home deliveries are normally between 7am and 9pm.
    1. Our home delivery partners will contact your customer to propose a delivery day. If the first proposed delivery date is not suitable alterantive delivery dates will be offered to suit the customer.
    2. On the day before delivery, your customer will receive an email or SMS message with an estimated three-hour delivery window. Once allocated this cannot be changed.
    3. On the day of delivery, you’ll receive a courtesy call around one-hour before delivery.
    4. If your customer is unable to commit to a delivery between 7am-9pm, it may be possible to upgrade the delivery to a timed service of 7am-12pm, 12pm-5pm or 5pm-9pm at an additional extra charge of £25. Call us on 01484 500565 to check if this is available
    5. Saturday delivery is available for selected postcodes at an additional extra charge of £29.99.
     
  4. Any failed deliveries will be charged at the full delivery cost charged by our carriers.

Collections:

  1. Customers must give a minimum of 48 hours’ notice of their intention to collect Goods from Time4sleep Ltd.

  2. Failure to do so may incur a waiting time of approximately 1-2 hours on site in order for Goods to be processed for collection

  3. Customer orders that are submitted for collection will be held for 48 hours upon confirmation of the Customer’s collection date. Failure to collect within 48 hours of your assigned collection date will result in allocated Goods being assigned to another Customer or returned back to stock and the Customer will be liable for any costs, including delivery and storage costs, incurred by Time4sleep as a result.

  4. In the event of any collection discrepancies, shortages, manufacturing defects, incorrect products or wrong components (e.g. wrong colour) being supplied the Customer must provide written notification to Time4sleep within three working days by email to [email protected] to arrange collection of any substitute or replacement products required for the next suitable collection date.

  5. Customers should return the incorrect items but retain other Goods. Customers must not return the full Goods delivered as this will result in delays and may incur transport and administration charges.

  6. Please note any Goods that you may wish to return to Time4sleep must first be scheduled and approved by JV Home Customer Service Team before delivery can be accepted.

  7. Goods must be adequately packed in original packaging, clearly marked with an allocated returns label that will be sent to you via email within 24 hours of booking your return with the Customer Service Team. The returns form sent by Customer Services should be completed and returned and the relevant returns label securely attached to the packaging.

  8. Failure to provide Goods adequately packed with a returns label and completed returns form may result in the delay of any credit notes due being allocated to your account.

Returns:

  1. Customers must give a minimum of 48 hours’ notice of their intention to collect Goods from Time4sleep Ltd.

  2. Credits on returns will only be processed upon receipt and inspection of returned items.

  3. Any credit notes due to any Customer account will be allocated within 14 days of returned items being received in our warehouse or our acknowledgement that a credit note is warranted

  4. Where credit notes are raised, for whatever reason, these will only be for the amount invoiced. Under no circumstances will the value of credit notes be increased to cover administration or other direct or indirect costs.

  5. Under no circumstances will any debit note raised by the Customer be accepted by Time4sleep, a credit note request should be made instead.

cancellation of Scheduled Deliveries:

  1. A minimum 24 hours’ notice is required in order for a scheduled delivery to be cancelled or rescheduled. Failure to provide adequate notice will result in an administration charge (currently £50 but subject to change with 30 days’ notice) being applied to the Customer’s account

  2. Cancellation of Home Delivery Orders orders must be made before 12.00 on the working day day prior to delivery. Failure to provide adequate notice will result in an administration charge (currently £40 per bed plus £15 for each addditional item) being applied to the Customer’s account.

  3. Cancellations will only become effective once acknowledged by Time4sleep by email

  4. Cancelled order(s) which have been accepted by the Customer, may be returned subjected to a 25% re-stocking fee. Goods must be returned to Time4sleep at the cost of the Customer and must arrive in their original packaging and unused. Any goods received that do not meet this requirement will be returned to the Customer with the full invoice plus delivery charge payable by the Customer.

  5. The Buyer is not authorised to return goods until confirmation from JV Home has been received in writing.

Guarantee & Warranty :

  1. Goods are guaranteed for a period of 12 months from date of purchase.

  2. Date of purchase is deemed to be the date the Goods are delivered to the Customer or such address the Customer requests from time to time.

Service Request :

  1. All service requests must be made by email. Where a verbal request is made this will not be processed until written confirmation is received.

  2. Service requests will beprocessed within 24 hours subject to sufficient information being provided to process the request. Wherever possible photographic images of the defects should be supplied in order to ascertain the nature of the fault. Multiple images from different angles are the most helpful in this regard.

  3. Failure to provide the relevant information and images may result in the processing of your service request being delayed.

  4. The following information must be provided in writing for any service request:
    • Customer number
    • Invoice Number or Sales Order No
    • Date of Purchase
    • Customer Order Reference
    • Nature of the fault/defect
    • The product code from each box supplied
    • The PO number from each box supplied
    • Where individual parts are damaged or missing these should be identified from the Assembly Instructions and the exact description from the instructions provided.

Spare Request:

  1. When ordering spare parts via a service request, it is at the Company’s complete discretion whether the parts ordered are sent out via our delivery vehicle, courier or royal mail postal services

  2. Delivery will be to the default delivery address on our system and delivery to any alternative address will only be considered at the discretion of Time4sleep

Payment:

  1. Subject to Condition 4 (below), payment for Goods is due in pounds sterling (unless otherwise stated or agreed in writing by Time4sleep in accordance with the terms assigned at the time your account with the Company was opened (“payment terms”).

  2. All payment terms must be adhered to. Failure to do so may result in your account being suspended and your scheduled delivery dates being put on hold until any outstanding payments are received and your account is in compliance with the agreed payment terms.

  3. Please note that Customers are not permitted to withhold payment of an entire invoice when disputing individual items on that or any other invoice. In such cases the item(s) not in dispute must be paid for within the agreed payment terms. Again failure to do so will result in your account being suspended and your scheduled delivery dates being put on hold.

  4. Under no circumstances can payment of valid invoices which are not in dispute be withheld or delayed as a result of a query or dispute relating to another invoice.

  5. Payment must be made within agreed individual account terms, from the time Goods are delivered or deemed to be delivered, to a bank account nominated in writing by the Company.

  6. Prompt payment shall be of the essence.

  7. No discounts will be applicable against the standard JV Home Price list unless previously agreed in writing

  8. Any price discrepancy must be queried with the accounts department in writing (by email to [email protected] within 5 working days of receipt of the invoice disputed invoice. Failure to do so will result in all amounts quoted on the invoice becoming payable.

  9. No payment shall be deemed to have been received in respect of any Goods until the Company has received cleared funds.

  10. All payments payable to Time4sleep Ltd under any Contract shall become due immediately on its termination.

  11. Time4sleep Ltd may revise its payment (or credit) terms from time to time without recourse to the Customer if, at any time, the Customer’s credit status changes or the Company has reasonable grounds to believe such a change is likely

  12. The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer

  13. If the Customer fails to pay Time4sleep Ltd any sum due pursuant to these terms and conditions and under any Contract then, the Customer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC Bank plc., accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

  14. Our preferred method of Payment is by Bank Transfer . We regret that we are unable to accept cheque payments.

  15. Payments by Credit Card will incur a surcharge (currently 2% but subject to change without prior notice) to cover bank processing costs; payments by Debit Card do not currently incur any additional charge (but this is subject to change without prior notice)

  16. In the event of any refund or credit payment associated with a Credit or Debit Card purchase the credit will be payable directly to the destination bank account and will not be made via the card payment processing system.

TITLE AND RISK:

  1. The risk in the Goods shall pass to the Customer on completion of delivery, except where the Customer has opted for collection when risk in the Goods will pass immediately once the Goods have left Time4sleep ‘distribution centre.

  2. Title to the Goods shall not pass to the Customer until the JV Home has received payment in full (in cash or cleared funds) for:
    • the Goods; and
    • any other goods or services that JV Home has supplied to the Customer in respect of which payment has become due.

  3. Until title to the Goods has passed to the Customer, the Customer shall:
    • hold the Goods on a fiduciary basis as Time4sleep‘Bailee;
    • store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as JV Home ‘property;
    • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    • notify Time4sleep immediately if it becomes subject to an Event of Default (as detailed in the Termination section below); and
    • Give Time4sleep such information relating to the Goods as the Supplier may require from time to time, but the Customer may resell or use the Goods in the ordinary course of its business.

  4. If before title to the Goods passes to the Customer the Customer becomes subject to an Event of Default, or Time4sleep reasonably believes that an Event of Default is likely to occur and notifies the Customer accordingly, then, provided that the Goods have not been resold, and without limiting any other right or remedy Time4sleep may have, we may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

TERMINATION:

  1. If the Customer becomes subject to any of the events listed in condition 2 below(“EventofDefault), or Time4sleep reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to Time4sleep, Time4sleep ay cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and Time4sleep, without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.

  2. For the purposes of these terms and conditions, an Event of Default occurs where:
    • the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
    • the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
    • (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
    • (being an individual) the Customer is the subject of a bankruptcy petition or order;
    • a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
    • (being a company) an application is made to court, or an order is made, for the appointment of an administrator or If a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
    • (being a company) a floating charge holder over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;
    • a person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;
    • any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned above;
    • the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
    • the Customer’s financial position deteriorates to such an extent that in the Company’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
    • (Being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

  3. Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.

  4. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

LIMITATION OF LIABILITY:

  1. Time4sleep shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract

  2. Our total liability to the Customer in respect of all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods to which the loss relates.

  3. Nothing in these terms and conditions shall limit or exclude theCompany’s liability for:
    • death or personal injury caused by its negligence, the negligence of its employees, agents or subcontractors (as applicable)
    • Fraud or fraudulent misrepresentation.

FORCE MAJEURE:

Time4sleep shall not be liable for any failure or delay in performing our obligations under any Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

GOVERNING LAW AND JURISDICTION:

  1. These terms and conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with, English law.

  2. The parties irrevocably submit to the exclusive jurisdiction of the courts of England.
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