SEATS UK Ltd TRADING AS DREAM CITY - TERMS AND CONDITIONS

Read these terms and conditions carefully, as they will apply to the purchase of any product from Dream City. Dream City may, at its discretion, change, amend, add or remove these terms at any time. Please check these terms from time to time for amendments.

GLOSSARY
"Address": the address of Dream City, which is Dream City, Centurion House, Manby Park, Louth, LN11 8UT.
"Dream City": "we", "us", "our", SEATS UK Ltd., "the Supplier"
"Buyer": "you", "your", the person or company purchasing products from Dream City.
"Cancellation Period": period starting on the day on which we issue a Confirmation to you (or the day we deliver the goods to you, if earlier) and ending seven working days after the goods have been delivered to you.
"Confirmation": written acceptance of your Order (by e-mail or letter) that we will issue to you as soon as possible after receiving your Order.
"Contract": Any contract between you and Dream City for the sale and purchase of the goods incorporating these Conditions, whether effected by e-mail or by other means.
"Contract Price": The price for the sale and delivery of the Goods as specified in the Confirmation, and which includes the cost of delivery and any VAT payable.
"Delivery Address" : the address where the Goods are to be delivered , as specified by the Buyer, in the Order.
"Goods": any product supplied to you by us.
"Order": Your offer to purchase Goods, which you place with us (either by e-mail or telephone).


1. APPLICATION OF CONDITIONS.

1.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
1.2 Each order that you place shall be deemed to be an offer by you to purchase the Goods from Dream City subject to these conditions.
1.3 Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Goods to the Buyer in accordance with the delivery terms and conditions.
1.4 If, for any reason, we do not accept your order we will advise you as soon as practicable (and there will be no binding contract between us).
1.5 You must ensure that:
(a) the details you provide in the order are complete and accurate; and
(b) you provide us with all the necessary information relating to the supply of the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.

2. BASIS OF SALE

2.1 Subject to clause 3, we shall sell and you shall buy the Goods in accordance with the Confirmation.
2.2 The description of the Goods shall be set out in writing in the Confirmation.
2.3 Any item that is shown in any photograph or illustration on this site, not being named in the description, for example, a lamp or other accessory, shall not form part of this contract. Such information is for illustration purposes only, and shall not comprise a part of the Goods.
2.4 Any typographical, clerical or other error made by us, whether on our website, in the Confirmation, in a price list,or on our invoice to you, shall be subject to correction without any liability on the part of Dream City.

3. BUYER'S RIGHT TO CANCEL THE CONTRACT

3.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a product is tailored to customer requirements; all upholstered headboards sold by us are made to order and are deemed to be made-to-order products within the context of the Distance selling Regulations.
3.2 If you do not cancel the Contract in accordance with 3.1, and in writing, you shall be deemed to have accepted the Goods and will not be able to return the Goods to us.
3.3 The right to cancel in clause 3.1 applies only to contracts effected over the internet.

4. IF THE BUYER CANCELS THE CONTRACT
4.1 Subject to clause 3, if we have delivered the Goods to you but you want to cancel the Contract, then you must retain possession and take good care of the Goods. You must send your cancellation notice to us. The Goods cannot be used.
4.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or by e-mail, giving details of the Goods ordered and (if appropriate) their delivery. Notification by telephone is not sufficient.
4.3 Once we have been notified of the cancelling of the Contract, we will refund or re-credit you within 30 days of notification for any sum that has been paid or debited from your credit card, or by cash or by cheque, for the Goods.
4.4 If you do not cancel the Contract in accordance with clauses 4.1 and 4.2 then you shall be deemed to have accepted the Goods and shall be deemed to have no right to return the Goods.
4.5 If we have delivered the Goods to you, but you want to cancel the contract as prescribed in clauses 4.1 and 4.2, you must retain possession of the Goods until the cancellation notice has been sent to us (within the relevant time limit). The Goods cannot be used. You will be responsible for returning the Goods at your own cost. The Goods must be returned to the company's address. You must take reasonable care to ensure that the Goods are not damaged whist in your care or in transit, and return them in the packaging and same condition in which they were delivered to you.
4.6 If you return the Goods to us and they are damaged (and the damage is not a result of our actions or negligence) then you must pay what we consider to be a reasonable amount for the damage. This amount will not exceed the price of the Goods. We will issue you an invoice for the damage and you must pay that invoice within 21 days of the date of the invoice. If we do not receive payment within 21 days we will deduct the sum due from out of the money that we reimburse to you.

5. PRICE AND PAYMENT
5.1 The Contract Price for the Goods shall be as written in the Confirmation.
5.2 Payment of the Price shall be due on the date of the purchase order. Payment shall be due before delivery; in this respect time shall be of the essence.
5.3 Payment shall be deemed to have been made once we have cleared funds.
5.4 Payment for the Goods, and any delivery charges, may be made by any method shown on our website.
5.5 Payments shall be made by the Buyer without any deduction whether by set-off, counterclaim, discount or otherwise unless the Buyer be in possession of a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Buyer.
5.6 If you intend to pay by credit or debit card, and you pass us your card details verbally, then we shall process the transaction at the time of your placing the Order, before we despatch the Goods to you.
5.7 In the event that an order has been confirmed, but payment has not been received, interest on overdue invoices shall accrue from the date when the payment became due, on a daily basis, until the date of payment, at a rate 2% above the HSBC base rate in force during the period.

6. DESCRIPTION OF PRODUCTS
6.1 The quantity and description of the Goods shall be as set out in the Confirmation.
6.2 We may make changes to the specification of the Goods which do not materially affect their quality or performance.
6.3 Photographs on the website are for illustrative purposes only and may not exactly match the Goods.

7. WARRANTIES
7.1 We will endeavour to transfer to you the benefit of any manufacturer's warranty or guarantee.
7.2 Subject to the conditions set out below, we warrant that the Goods will correspond to their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of twelve months from delivery.
7.3 We shall not be liable for a breach of any warranty in clause 7.2 unless:
(a) You give us written notice of the defect within 7 days of the time you discover or ought to have discovered the defect; and
(b) We are given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall return the Goods to the Address at our cost for the examination to take place there.
7.4 We shall not be liable for a breach of the warranty in clause 7.2 if:
(a) you make any further use of such Goods after giving notice of defect to us;
(b) the defect has arisen as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or your failure to follow our oral or written instructions as to the storage or use of the Goods;
(c) you alter or repair such Goods without our consent; or
(d) you have not paid the Contract Price for the Goods by the Payment Date.

7.5 Subject to clause 7.3, if any of the Goods do not conform with any of the warranty in clause 7.2, then within 30 days of us examining the defective Goods, we shall (at our option):
(a) repair or replace such Goods (or the defective part) free of charge: or
(b) refund the price of such Goods (or a proportionate part of the price) provided that you deliver up the Goods for collection (or, if we so request and at our expense you return the Goods or such part of the Goods which is defective to us at the Address).
7.6 If we comply with clause 7.5 we shall have no further liability for a breach of any of the warranty in clause 7.2 in respect of such Goods.


8. LIMITATION ON LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Goods are supplied to a person dealing as a "consumer" within the meaning of the Unfair Contract Terms Act 1977, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.2 Where the Goods are supplied under a "consumer transaction" as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Buyer are not affected by these Conditions.
8.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
8.4 Subject to clauses 8.1, 8.2 and 8.3:
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or
contemplated performance of this Contract shall be limited to the Contract Price; and
(b) we shall not be liable to you for any indirect or consequential loss or damage (whatever the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

9. RISK AND TITLE
9.1 Risk of damage to or loss of the Goods shall pass to you upon delivery. If you wrongfully fail to take delivery of the Goods, then the risk of the Goods shall pass to you at the time when we tendered delivery of the Goods.
9.2 Notwithstanding any other provision herein, title to the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the Goods and all other sums which are or which become due to us on any account.
9.3 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from us.
9.4 You may not use or resell the Goods before ownership has passed.
9.5 You grant us the licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.


10. FORCE MAJEURE
10.1 Neither party shall be liable or be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform any of its obligations relating to the Contract, if the delay or failure was due to any cause beyond its reasonable control, including, without limitation:
(a) Acts of God, fire, explosion, epidemic or flood;
(b) War or national emergency
(c) Riot, civil commotion, lock-outs, strikes, or other labour disputes (whether or not relating to either party's workforce);
(d) Restraint or delays affecting carriers or inability or delay in obtaining supplies or adequate suitable materials;
(e) Import or export regulations or embargoes (including the failure of our suppliers to obtain any necessary export permits, licences or other authorisations);
(f) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
10.2 Provided that, if any event referred to in clause 10.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.


11. GENERAL
11.1 Each of our rights and remedies in the Contract is without prejudice to any other right or remedy we may benefit by whether in the Contract or not.
11.2 Failure or delay by us in enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
11.3 If we incur any additional costs in performing the contract, as a result of your instructions or lack of instructions, or through failure in taking delivery, or through any acts or defaults of you, your servants or agents, then you agree to recompense us for those additional costs.
11.4 If any provision of the Contract is found by any court to be wholly or partially illegal, unenforceable or unreasonable it shall be deemed to be severable and the remaining provisions of the Contract shall continue in full force and effect.
11.5 Any waiver by us of any breach of any provision of the Contract by you will not be deemed a waiver of any further breach of contract, and will in no way affect the other conditions of the Contract.


12. JURISDICTION
12.1 This Contract shall be governed by the law of England and Wales and any dispute, howsoever arising, shall be determined exclusively by the courts of England and Wales.
12.2 If you have a complaint about the Goods or service, you should in the first instance contact us at:
(a) Dream City, Centurion House, Manby Park, Louth, Lincolnshire, LN11 8UT; or
(b) By telephone on 01507 327977 or by fax on 01507 328555: or
(c) By e-mail to info@dreamcity.co.uk
12.3 We will respond in writing to any complaint you may make within 14 working days.

13. NOTICES
13.1 Your address shall be as set out in the order, or any other address you shall notify to us in writing
13.2 Any notices required to be given under this Contract shall be in writing and delivered to the other party by hand, by pre-paid first class post, by fax, or by e-mail.
13.3 Notice shall be deemed to have been received:
(a) If it is delivered by hand to the last known address of the other party, then on the day of its delivery.
(b) If it is sent by post to the last known address of the other party, then on the day after it was posted.
(c) If it is sent by fax to the last known fax number of the other party, then on the day it was sent.
(d) If it is sent by e-mail to the last known e-mail address of the other party, then on the day it was sent.

14. PRIVACY AND SECURITY POLICY
14.1 You may visit the website and access public information without revealing any personal information.
14.2 We may record details of the domains from which users visit the site and analyse the data, which may be automatically collected by cookies. Users should familiarise themselves with the operation of cookies. Most browsers are set up to accept cookies. If you prefer you can set yours to refuse cookies.
14.3 If you wish to order from us online, then you will be required to provide certain personal information as a prerequisite of being able to place an Order. We will only ask you for as much information as is necessary to process your order and perform the Contract. That information shall be:
(a) retained by us for as long as it is needed to perform the Contract; and
(b) kept secure in accordance with the requirements of the Data Protection Act 1998 (as amended).
14.4We shall not transfer any of your information outside of the European Economic Union.
14.5You may contact us at any time for access to your information in order to ensure that the information is
correct and up to date.
14.6At the time of placing your Order you may give your consent to us:
(a) to contact you by e-mail in relation to the supply of the Goods;
(b) to provide you with details of products which we consider to be of interest to you. If you do not give your consent, then we will not send you any such information. If at any time you wish to withdraw your consent, you should notify us in writing.
14.7 In accordance with our security policy, we shall use our reasonable endeavours to ensure that:
(a) our ordering system is on a secure server and is encrypted to prevent any security breach;
(b) any information you send to us (personal information or credit card details) is kept secure and cannot be intercepted by a third party; and
(c) any equipment at our address is kept secure to avoid any tampering or unauthorised use of your information.

SEATS UK Ltd TRADING AS DREAM CITY - RETURNS POLICY

Under UK Regulations you have the right to cancel the contract for purchase of goods within 7 days following the date of delivery. A refund will be made within 30 days of cancellation. Should you choose to cancel your order, you may return the goods, at your own expense. If you prefer, the goods can be collected from you with a deduction being made from your refund to cover the full cost of collection. All upholstered headboards sold by us are made-to-order items and are deemed to be made-to-order products within the context of the Distance Selling Regulations.

Notification of faulty or damaged goods should be made within 7 days of the goods being received. All goods supplied by us are subject to manufacturing tolerances and are warranted as being suitable for the purpose for which they are designed, under fair conditions. Under this warranty we will issue a refund against goods acknowledged by us to be damaged or faulty, providing such damage or faults have not been caused by your misuse, negligent handling or improper use of the goods.

Please inspect any received package thoroughly before accepting/signing for it. If the package appears to have suffered damage in transit, keep the original packaging, promptly contact the delivery company for a damage inspection report and request that the delivery company return the item(s). Under these circumstances, do not return the item(s) yourself.

All goods returned are at the sender's expense. A refund of delivery costs will be made only if the return is a result of our error or if the goods supplied are shown to be damaged or faulty. If you do need to return any goods, please remember to wrap the package securely as it may not be possible to offer a refund or replacement on goods which are damaged during transit, and send it to:-

SEATS UK Ltd
Centurion House
Manby Park,
Louth Lincolnshire