TERMS AND CONDITIONS

1. General
Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions. By using the Services, you are agreeing to all of the Terms and Conditions.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
If you access this site from locations outside the UK other you are responsible for compliance with local laws if and to the extent local laws are applicable.
Any contract between us, whether for use of the site or in relation to the purchase of products or services through the site will be governed by the laws of England and all parties submit to the non-exclusive jurisdiction of the English Courts.
You are giving your permission for us to contact you if you enter your contact details, including your address, email address and / or phone number, by placing an online order, whether completed or not, or you contact us with an enquiry. Our contact shall be restricted to matters related to your order or order attempt or enquiry.
Bednest reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this Web site. You should check this page regularly to take notice of any changes we may have made.
 
2. Copyright
All designs, text, graphics, videos and their selection and arrangement on this Web site are the copyright of Bednest Ltd. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without Bednest’s prior written consent is strictly prohibited.
 
3. Acceptance of orders
Bednest reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. In the extremely unlikely event that your order cannot be fulfilled you may be offered an alternative or given a full refund.
We accept payment by most major credit or debit cards. Payment will be debited from your account when you place your order on the www.bednest.com website and before the dispatch of your purchase.
We will acknowledge that your order has been received by sending an e-mail to the e-mail address you provide in your registration form. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract.
Details of the purchase, details from the card and the PIN are sent through to Secure Hosting. We identify the relevant card scheme (Visa, MasterCard etc.) and send the details through them to the bank or other institution that issued the card.
If the details can't be verified, the payment is normally declined and the shopper or payee is asked to use another type of payment.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
We reserve the right to reject orders placed. You will be notified by email if that is the case and we will process a refund.
 
4. Price information
Bednest has taken great care to ensure prices are accurate. Prices may change over time. All prices include VAT where appropriate. You will not be charged VAT if ordering outside of Europe.  Delivery is included for all complete Bednests that are purchased for delivery in the UK, Europe and North America. Delivery times may vary. Delivery and collection is included in all rental options.
 
5. Trading name and address
Bednest Ltd Unit A, Drayton Manor Office Buildings, Drayton Manor Drive, Stratford Upon Avon, CV37 9RQ.
 
6. Privacy Policy
Our privacy policy which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You are giving your permission for us to contact you, if you enter your contact details, including your address, email address and / or phone number, by attempting to place an online order, whether completed or not, or you contact us with an enquiry. Such contact shall be restricted to matters directly related to your order or order attempt or enquiry.
 
7. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.
 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
We aim to treat all our customers and anyone contacting us for information with the highest levels of respect. We request that our staff are also treated with respect and we reserve the right to refuse to supply if any offensive comments are said or sent to our employees.
 
8. Accounts
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
 
8.1 Registration
Bednest reserves the right to close accounts if any user is seen to be using proxy in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.
 
8.2 Submission of material
By submitting any material to us, you automatically grant Bednest the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified) other than for the purposes of opening and registering an account.
 
9. Discount Codes
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website and for certain countries specified at the time of the promotion. All promotions will be subject to stock availability and promiton codes will end if stock is no longer available. We reserve the right to end a promotion at will. We reserve the right to reject a discount code if we have reason to suspect or believe the discount code is beimg used incorrectly. 
 
10. Product Warranty
All Bednests are guaranteed for a period of 1 year from the date of order confirmation, against mechanical and functional defects. Any attempted repairs by unauthorised persons invalidates the warranty. This does not affect your statutory rights.
 
11. Indemnity
You agree to indemnify, defend and hold harmless Bednest, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use on this website or your breach of the Terms and Conditions.
 
12. Cancellations & Returns
Please note that under Distance Selling Regulations you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us in writing no longer than 7 working days after the day on which you receive the Products.
However at Bednest we go a lot further - we offer a no quibble return policy wehereby if within 30 days of receipt, you decide for any reason that the Bednest is not for you, we will give you a full refund and pay the return delivery cost for you. Please note this applies to transactions with www.Bednest.com and may not apply if you buy or rent from any other reseller or renting agent.
 
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 
RENTAL TERMS AND CONDITIONS OF BEDNEST
 
General
In the United Kingdom this agreement is partially regulated by the Consumer Credit Act 1974. Under the provision for ‘small  agreements’  which are agreements where the hire cost does not exceed GB£50 this agreement is exempt from Section V of the Act which deals with four elements of entering into a credit or hire agreement; pre-contract disclosure, the formalities of entry into a regulated agreement, cancellation of a regulated agreement and its consequences and withdrawal from a prospective regulated agreement and its consequences. Each rental / hire price is a package price and includes delivery & collection and purchase of new fabric sides and a new mattress. The rental element of any rental package price does not exceed GB£50.
Your agreement is with Bednest Ltd, Unit  A, Drayton Manor Office Buildings, Drayton Manor Drive, Stratford Upon Avon, CV37 9RQ.
Where this agreement refers to the Bednest as the ‘Bednest for rental’ it means Bednest excluding the fabric sides and mattress*.
*For the sake of hygiene it is a condition of this agreement that a new mattress and sides are purchased at the time of rental. The price for these is included in the total rental package prices shown.
 
Usage
Please read and follow the instructions and warnings in the User Guide included with your Bednest. Please only use the Bednest for its intended purpose. Please stop using the Bednest as soon as your baby begins to sit up unaided, kneel or pull themselves up or push up on their hands and knees or exceeds a weight of 10kg / 20 pounds.
 
Warranty
Bednest Ltd warrants that the Bednest will arrive to you in good condition and be fit for purpose. If you have any problem please contact us.
 
Payment
The rental package price will be collected when we take your order.
 
Collection / delivery
The Bednest is delivered to you and collected at the end of the rental period. You can select any weekday (except Bank Holidays). Specific delivery times cannot be given and the delivery could be at any time from 8am to 7pm.  Sometimes, it may be later. Delivery and collection is included in the rental package price. Do not return the fabric sides and mattress as these are owned by you, not rented.
 
Your obligations
Please treat the Bednest with care. It is built to last but needs to be used only for its intended purpose and returned to us (excluding the fabric sides and mattress) in good condition on time at the end of the rental period. The rental period is up to seven months from when we deliver to you, but in practice we allow you to keep the Bednest for as long as your baby needs it. If the Bednest is damaged beyond reasonable wear and tear you may be charged for repairs unless you have purchased our damage waiver. It is your responsibility to ensure the Bednest for rental is returned to us using the method we provide. Please remove the fabric sides and mattress before returning the Bednest as they are yours to keep. You are free to use the Bednest for travel but please do not export the Bednest as it needs to be collected from the country to which it was first delivered for the rental.
 
Liability
Bednest Ltd’s liability is governed by English law. Bednest Ltd is not liable for any loss or damage or injury or death if the Bednest is not used in accordance with the supplied  instruction booklet or if the Bednest is used for babies once they are able to sit up unaided,  kneel or pull themselves up or push up on their hands and knees or exceed 10kg weight.
 
Notifications
If we need to contact you, we will use the details submitted at the time of placing your order unless you inform us of a different preference. Our contact details are on our website www.bednest.com. Please contact us if you have any reason to delay the return of the Bednest for rental at the end of the rental period as it is fine to extend the rental period at no extra cost if needed.
 
Assignment
The contract we have with you cannot be transferred to anyone else – so please do not lend out the Bednest for rental to any other user.
 
Damage  waiver
If you purchase our damage waiver you will not be liable for repairs for any accidental damage in regular normal use of the Bednest for rental.
 
Purchase  option 
You may have the option to purchase the Bednest for rental at any time during the rental period. Please email us to make a request to purchase it. Bednest Ltd reserves the right to choose to sell it or not. If you do not return the Bednest for rental at the end of the rental period you may be charged in full for it as if you have bought it.
 
Jurasdiction
Any disputes shall be settled according to English law.
 
Ownership
The Bednest for rental remains the property of Bednest Ltd unless you subsequently pay the additional cost as outlined in the Purchase Rights.
 
Rental period
The fees payable cover a rental period of up to 6 months which commences from when the Bednest for rental is delivered to your address.  However we can allow you an extra month or possibly longer free of charge if needed as the rental is for as long as baby needs it. For the purpose of adherence to the Consumer Credit Act 1974 Bednest is unable to extend the paid-for rental period any further so if you need to keep it longer than the initial 6 months we will not charge you a penny more. There is no part refund payable to you for early returns. If the Bednest for rental is not returned to us by  the last day of 7 months from the date it was delivered  to you (or longer by agreement with us), Bednest will assume you wish to keep the product unless you have contacted us to let us know your baby needs it longer. Bednest reserves the right to charge you the difference between the rental price you paid and the prevailing retail price at the time the product is due to be returned. However, we will make every reasonable effort to contact you to enquire about your intentions.
Under rules governing distance selling you have many cancellation rights. However, at Bednest we go further. You have up to 30 days from the date we deliver the Bednest to you to check or use the Bednest and, if you're  not satisfied, you may request a full refund in which case we will also collect the Bednest at our cost. This does not affect your statutory rights.
 
February 2016