“YARK” means Yarkbeds.com (the trading name for Nack Ltd, a company registered in England and Wales under company number 10884592) which operates the company's website www.yarkbeds.com (our website).
Customer means the person or company to whom this document is addressed.
International Customer shall mean, Customer from outside the United Kingdom.
Our registered office and trading premises address is Nack Ltd, T/A Yarkbeds.com, Davrom House, Lyons Road, Trafford Park, Manchester, M17 1RN, UK. VAT No: 278896421. Company Reg: 10884592.
General - These terms and conditions (Terms) apply to any supply of products (Products) made by the Seller, hereafter referred to as Yarkbeds.com, to you, the buyer, hereafter referred to as the Customer (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
1. Price and Payment
1.1 All prices are quoted in Great British Pounds Sterling and are inclusive of VAT (if applicable) as may be prescribed by law from time to time, unless otherwise specified.
1.2 The prices of the Products will be as quoted on our website from time to time. Yarkbeds.com take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
1.3 Prices for our Products may change from time to time, but changes will not affect any Products which we have confirmed and dispatched.
1.4 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not continue to 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
1.5 Payment is taken upon placing your order (unless payment is made via Klarna).
1.6 Dispatch takes place upon when the Products are collected by the relevant 3rd party carrier from the premises at which they are held in stock.
1.7 From time to time, we may run some checks on your data before we ship your order. Therefore, we may request debit or credit card information that are linked to your order or address for verification. Documents accepted are: driving license, utility bill, bank statement or proof of age card to confirm they are the registered person of their invoice or delivery address. This is to reduce potential fraud against your order
1.8 Payments must be made in Great British Pounds Sterling only, unless otherwise specified, and by one of the following payment methods (except International Customers see clause 14):
1.8.1 Major credit cards as listed: Visa, MasterCard, American Express
1.9 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
1.9.1 Further information and Klarna's user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
2. How the Contract is Formed
2.1 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. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched. The Contract between us will only be formed when we send you this email.
2.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 1.4, we will inform you of this by e-mail and we will not continue to process your order for that Product. If you have already paid for that Product, we will refund you the full amount as soon as possible.
3.1 Deliveries are free of charge to Mainland England, Scotland (excluding Scottish Highlands) and Wales. Additional delivery charges will occur for Scottish Highlands (clause 3.3). Yarkbeds.com cannot deliver outside Mainland UK unless a request is made to our customer services department and the delivery is agreed. Deliveries outside of Mainland UK will incur additional charges.
3.2 Deliveries to 3rd party addresses such as carriers must be passed to Yarkbeds.com at point of order. Failures to provide such details will result in a failed delivery and clause 3.11 will be actioned.
3.3 Deliveries to the Scottish Highlands and remote mainland UK (being post codes with the following prefixes:
PH 1-16/ DD6/ KY 9 – 14/ PA 10-13/ PA 18/ KA 2/ KA 15-19/ KA 24-25/ DG (all postcodes)/ TD (all postcodes)/ NE 17/ NE 19/ NE 26/ NE 41/ NE 43-45/ NE 48/ NE 67-69/ NE 71/ CA (all postcodes)/ LA 7/ LA 17/ LA 20/ LA 22/ HG (all)/ YO 12/ YO 14/ BD 14/ BD 24/ LS 20/ S 32/ S 33/ LL 11-78/ SY (all postcodes)/ LD (all)/ TF 8/ TF 13/ HR (all)/ SA 19-48/ SA 63-65/ SA 68-70/ TA 5/ TA 13-15/ TA 19/ TA 22/ BS 26-29/ BA 7-10/ DT (all)/ TQ (all postcodes)/ EX 18-3/ EX 33-39/ TR (all postcodes)/ PL 10-35/ LN 13/ ST 20-21/ CV 36/ OX 20/ OX 39/ CB 5/ CB 25/ NR 22/ NR 24/ NR 25/ SO 24/ SO 42/ SO 43/ TN 5/ TN 20/ TN 21/ TN 32/ TN 36/ BN 24
will take additional time and potentially incur an additional delivery charge of £35 which will be added at the checkout. Delivery charges may apply depending on weight and the type of product being delivered. Furthermore, if your delivery takes additional time, our Customer Service team will update you. Please contact our Customer Service Department for more information.
3.4 Yarkbeds.com source Products from different suppliers. If the Customer wishes to purchase more than 1 Product, the Customer must email Customer Services to choose if delivery of the Products together or separately. We will use reasonable endeavors to comply with your request but we cannot guarantee that the Products will be delivered together. Any date or period for delivery shall be considered as indicative only and delivery may occur from 2 separate carriers; all delivery lead times are stated within the product listing.
3.5 Depending on the Product(s) ordered, Yarkbeds.com will use a 1 or 2 person delivery team as necessary.
3.6 It is the responsibility of the Customer to ensure there is room for a 2 person team to unload and deliver the Products. Depending on the location and type of delivery address access to lifts and ramps may be required. If Products are assembled or flat packed it is the responsibility of the Customer to ensure Products can be delivered as per the delivery method used which is stated in the product listing. Ottoman bases and drawers are delivered assembled. For what happens if you fail to adhere to this, please follow our returns clause 8 stated below.
3.7 Yarkbeds.com will deliver the Customer’s Products via a 3rd party courier employed on behalf of Yarkbeds.com.
3.8 If the Customer is purchasing separate installation services from a 3rd party, installation may not occur at the same time as delivery. It is the responsibility of the Customer to ensure all Products, parts and instructions are available for assembly. The Customer must inspect the Product prior to assembly. Subject to clause 10, Yarkbeds.com is not liable for installation costs for missing parts, or instructions, or for late or non-delivery.
3.9 If the Customer has requested a specific delivery day at the checkout, our 3rd party courier will confirm a delivery time slot. A 2-hour time slot is provided on the day of delivery along with SMS and email messages. Delivery days are Monday-Saturday. Sunday is not a delivery day. Up to 48 hours prior to delivery, delivery dates cannot be changed. Any deliveries that are missed, please follow clause 3.11
3.11 Any delivery dates which are missed or aborted due to the Customer, will incur a £65 additional charge payable by the Customer. Additional charges may apply depending on the Customer’s delivery address, type of product and delivery service.
3.12 Someone must be present and available to sign for the Products at the selected delivery address at which point delivery is completed. If the Products are delivered to a neighbour or address other than the Customer’s address, delivery will be completed at the point the Products are signed for at the alternative address. We advise all our customers to inspect the Products prior to signing for the Products.
3.13 All products are delivered to a room of choice where possible. For buildings with no lift, our driver will only deliver goods to the 1st floor. Where access is not possible or the items may not fit in your home, our driver will deliver to the front door or offer a curbside delivery.
3.14 If the Products are faulty upon delivery, the Customer must inform the Driver and reject the Products and contact our Customer Service team via email at email@example.com. The driver will remove the Products and the Customer must not sign for the Products. Subject to clause 9, Yarkbeds.com cannot accept any claim for damage where the Product is not unwrapped and inspected at the time of delivery. If the customer is not happy with the Products please follow our Returns procedure.
3.15 Once the Customer has signed for the Products they have now accepted the Products and are now solely responsible for the Products. Subject to clause 10, Yarkbeds.com shall not be held responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
3.16 Subject to clause 9, in the unlikely event that you need to return the item, Yarkbeds.com can only accept Products in their original packaging and condition. Note all returns are at the cost of the Customer. Cost may vary depending on collection address, delivery service, type of Products and the amount of Products. Please follow our Returns Procedure for returning Products.
4.1 Yarkbeds.com will deliver the Customer’s Products via a 3rd party courier employed on behalf of Yarkbeds.com.
5. Passing of Property
5.1 Yarkbeds.com shall retain the property of the Products until full payment, including any and all applicable delivery costs, has been made by the Customer and has been received by Yarkbeds.com.
6. Passing of Risk
6.1 The risk in the Products shall pass to the Customer on delivery, as defined in clause 3.12.
6.2 Where Products have been received damaged, please follow clauses 3.14, 3.15, 3.16, 8.4 and 8.5.
6.3 Depending on the Products or issue, it may take a minimum of 7 working days for Yarkbeds.com to resolve an issue or arrange a refund or exchange. Please follow clause 3.14, 3.16, 8.4 and 8.5
6.4 In the event of either of the above, Yarkbeds.com will forward a claim to our 3rd party courier and supplier. Before this can be processed, Yarkbeds.com will issue the customer with a `Product Issue Form` which must be completed along with images of the affected areas and returned before any claim can be pursued.
7. Acceptance of Products
7.1 Any item that appear(s) in any photograph, representation, or illustration on our website, in our brochures or advertising channels other than the Product that is described in the title description of the Product, will not form a part of or be included in the Contract. It is meant for illustration purposes only, and may not be included as a part of the Products. 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 and, subject to clause 10, Yarkbeds.com bears no liability for difference of colour.
7.2 Any advertisements or specifications issued by Yarkbeds.com and any descriptions or illustrations provided on our website or brochures will not be included in the Contract. It is provided for guidance or illustration purposes only, and may not accurately reflect the Products. The Products are subject to change without notice.
7.3 Any typographical, clerical, or other error present on our website, in the confirmation on our invoice sent to you, in our price list, or in any brochures or documentation issued by us shall be subject to correction without any liability on the part of the Company, subject always to clause 10. If we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
7.4 The Customer shall inspect the Products upon delivery, as stated in clause 3.
7.5 Subject to clause 10, Yarkbeds.com shall not be responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
7.6 The Customer shall be deemed to have accepted the Products unless within 14 working days after delivery the Customer notifies Yarkbeds.com that the Products are rejected in accordance with our returns procedure in clause 8 or our cancellation procedure in clause 9. If no such action has been taken, Yarkbeds.com shall consider the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
7.7 If, having notified Yarkbeds.com in accordance with clause 7.6, the Customer does not follow our returns procedure in clause 8 or our cancellation procedure in clause 9 (as applicable) within 14 days the day after delivery of such notification, Yarkbeds.com shall consider the Customer to have accepted the Products and the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
8. Returns Procedure
8.1 If the Products are to be rejected and returned in accordance with the time limit set in clause 7 above for any reason other than cancellation in accordance with clause 9 below, the Customer shall comply with the return procedure detailed in this clause 8.
8.2 Yarkbeds.com will not accept any returned Products should the return not follow the return procedure.
8.3 The Customer is required to email Yarkbeds.com Customer Service department at firstname.lastname@example.org to notify their intention to return any Products, following which collection or exchange will be arranged.
8.4 The Customer will have to complete a `Product Issue Form`
8.5 Yarkbeds.com may request photographic evidence or other forms of evidence of any damage. The Customer must comply with Yarkbeds.com in order to process their intention to return their Products. Any delay in providing information to Yarkbeds.com returns department will delay a resolution for the Customer.
8.6 In cases where the rejection of an individual Product is due to that individual Product being faulty (because it is not fit for its purpose or is defective so as to be unsafe) , the Customer is entitled to a refund or replacement once the fault has been verified by Yarkbeds.com on inspection acting reasonably. The individual faulty, damaged or mis-described Product must be returned to Yarkbeds.com premises or 3rd party carrier before the refund or replacement can be issued. The Customer must follow clause 8.3 and 8.4 above in order to comply with the returns procedure.
8.7 If the Products were delivered to you:
8.7.1 you must arrange for us to collect the Products as soon as reasonably practicable. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.7.2 unless the Products are faulty or not as described (in this case we will be responsible for the costs), you will be responsible for the cost of us collecting the Products from you which will be a minimum of £65 but may vary depending on the individual Product, delivery service used and collection address;
8.7.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.9 Note Semi, Unpacked or Assembled items cannot be returned except in accordance with clause 9 below. Returned item(s) must be in its original packaging and condition and in a saleable condition, otherwise this may jeopardise a partial for full refund.
9. Changed your mind & Cancellations
9.1 Clause 9 applies where you have changed your mind and wish to cancel the Contract for any reason other than for the Products being faulty or not as described (in which case the provisions of clause 8 apply). You can cancel the Contract under this clause 9 at any time up to the date falling 14 days of delivery of the Products to you. However, the right to cancel does not apply in the case case of any made-to-measure or custom-made Products or Products made to your specification or clearly personalised.
9.2 To cancel a Contract or in cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction the Customer is entitled to a partial refund (full refund less cost of collection and return, where the collection rate will be charged at a minimum of £65, although this cost may vary depending on the individual Product, delivery service used and collection address) only. Products must be returned to Yarkbeds.com premises or 3rd party carrier before the partial refund can be issued.
9.3 If you wish to cancel the Contract under clause 9 please contact us in writing to tell us by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail. Please note depending on the Products or issue; it may take a minimum of 7 working days for Yarkbeds.com to resolve an issue or exchange. Please refer to clause 9 for further information of returning your goods.
9.4 Following cancelled in accordance with clause 9, we will refund to you any amounts already paid by you less collection charges as stated in clause 9.2, on the credit card or debit card used by you to pay. A refund will be made within 14 days of receipt of the cancelled Products goods (either by Yarbeds.com at our premises or at the premises of our 3rd party courier)
9.5 Yarkbeds.com reserves the right to cancel an order without taking any payment from the Customer if:
9.5.1 we do not have stock to fulfil the order;
9.5.2 if we are unable to deliver the Product to your area;
9.5.3 if your payment was not authorised;
9.5.4 if an item was incorrectly priced or described on our website.
10. Our Liability to the Customer
10.1 If Yarkbeds.com fails to comply with these Terms, we are responsible for loss or damage the Customer may suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
10.2 Yarkbeds.com only supplies the Products for domestic and private use. The Customer agrees not to use the Product for any commercial, business or re-sale purposes, and Yarkbeds.com has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Yarkbeds.com does not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 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
10.3.5 defective products under the Consumer Protection Act 1987
11. Events Outside Our Control
11.1 Yarkbeds.com will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.1 Any information passed through to Yarkbeds.com is managed in accordance with the Data Protection Act 1998 (registration number ZA307148) and is passed through a secure connection on the internet using Secure Socket Layer technology at 128bit encryption (where browsers will allow). If a customer wishes for their information to be removed from our database, this should be requested in writing to firstname.lastname@example.org.
12.2 Please note, credit card details are not retained online. The only information stored is a customer's transaction history, name, address & e-mail address. These may be used for marketing purposes by yarkbeds.com or any associated companies. Customers will not be sent 'spam' e-mail. Should any customer not want their details used for marketing purposes, please email a request to be removed email@example.com.
13. License Agreement
13.1 All trademarks shown on Yarkbeds.com belong to their registered owners and must not be copied without prior permission. Yarkbeds.com cannot be held responsible or liable for any misuses conducted by the Customer or any third party. Nothing in these Terms grants the Customer any rights in respect of any intellectual property owned by Yarkbeds.com or any third party.
14. International Customers
14.1 Customers from outside the UK can only pay by international credit card and must pay in Great British Pounds Sterling unless otherwise specified. Yarkbeds.com can only deliver to an address in mainland UK. All other terms and conditions apply.
15.1 These terms and conditions are governed by and shall be interpreted in accordance with English Law. This means a Contract for the purchase of Products made through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.2 Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
16. Other Important Terms
16.1 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.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 If you need to contact us you can do so in writing by sending an email to firstname.lastname@example.org. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.5 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.
16.6 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.
16.7 We may revise these Terms from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
16.8 Traditional high street prices are quotes on pages throughout the website. These prices are from high street retailers and based on the same or similar products.
17.1 The prize of winning your own bed is open to individual in the UK. Entrants must be over the age of 16.
17. 2 Entries must be made between 5th August 2018 and 17th August 2018. No 3rd party or automated entries are permitted.
17.3 Any winners must comply with any reasonable directions given to him or her.
17.4 The winner will be selected at random at the end of the competition period. The winner will be selected from various published posts on Yarkbeds social accounts. The winners will be announced via Instagram and Instagram Stories. The judges have absolute discretion to choose the winning entries.
17.5 Nack Ltd T/A Yarkbeds.com reserves the right to publish the Winners name and Entry on all Yarkbeds.com social media accounts.
Terms & Conditions were live from August 2018