Terms and conditions
Please note, this is the place on the site where we put all the legal stuff. If you have any questions please don't hesitate to call or email us.
Greenfibres Terms and Conditions for the Sale of Goods
You will be asked to agree to these terms and conditions before ordering Products from this Site. If you do not agree to them, do not order any Products from this site.
(1) Definitions and interpretation
In this Agreement "we" means Greenfibres and "us" and "our" shall be construed accordingly; and "you" means the relevant customer or potential customer as the case may be and "your" shall be construed accordingly.
In this Agreement, the following definitions shall apply:
"First Acknowledgement" means the initial automatic email acknowledgment which we will send to you after receiving your Order;
"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers' rights, performers' moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;
"Order" means your order for Products made via the Site;
"Products" means goods which may be purchased by you from the Site;
"Second Acknowledgement" means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
"Site" means the website at greenfibres.com,or any related or successor site operated by us (i.e greenfibres.co.uk, organic-bedding.co.uk, etc.)
(2) This Agreement
The advertising of Products on the Site constitutes an "invitation to treat"; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps:
(i) you must add any of the Products you wish to purchase to your shopping cart;
(ii) if you are a new customer, you are invited to create an account with us and log in; if you are an existing customer, you should login;
(iii) you should confirm your Order and your consent to the Terms of this Agreement;
(iv) you will be transferred to the payment processor, which will handle your payment;
(v) we will then send you the First Acknowledgment email; and,
(vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct any input errors before placing your Order.
(3) About us
Our name is Greenfibres Ltd.
Our trading address is 99 High Street, Totnes, Devon TQ9 5PF.
Our company registration number is 3424287
Our email address is firstname.lastname@example.org.
Our telephone number is (+44) (0) 1803 868001
Our fax number is (+44) (0) 1803 868002
Our VAT number is 685 3081 19
(4) The Products
'Products' refers to all products currently displayed for sale on our web site.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated by the Second Acknowledgement stage, at the latest. Of course we will endeavour to ensure that incorrect prices are a) very rare b) corrected as soon as possible after notification.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.
Payment must be made before Products are dispatched. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the Site include any value added tax (where applicable).
Payment for all Products must be made by any method detailed on the Site from time to time.
Payment by cheque will incur a delay in the fulfillment of your order of 6 days while the cheque clears. As stock is only allocated to orders on receipt of cleared funds, it is possible that one or more items on your order may be out of stock or no longer available by the time the cheque has cleared. In these circumstances, items in stock will be delivered, and we will inform you of the expected delivery date of any out of stock items.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is given, within 14 days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.
Heavy items, such as beds and mattresses, will incur a Heavy Item Delivery Charge, which will be notified to you as soon as possible after your order is placed, and not later than the point at which you may still cancel the order, i.e. before you are charged for the item. The Heavy Item Delivery Charge is shown on the description of the products to which it applies.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Consumer rights
You may cancel this Agreement at any time within 30 working days after the day you received the Second Acknowledgement (subject to the limitations set out below).
If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in saleable condition. Products returned by you within the 30 working day period referred to above will be refunded in full (excluding the cost of sending the Products to you). You will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(9) Defective Products
Products returned by you because of a genuine and substantial defect will, at our discretion, be repaired or replaced, or if a satisfactory repair is not possible and an acceptable replacement is not available, the purchase price will be refunded in full, including the cost of sending the Products to you and the cost of returning the Products to us. Alternatively, if we and you agree, we may supply you with a substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your notice of cancellation.
Vouchers, credit notes, and promotional discounts can only be used in conjunction with an order and cannot be refunded against cash.
If you are not completely satisfied with any Greenfibres product then please return it to us, UNUSED/UNWORN and NOT WASHED, in its original condition and packaging within 30 days of receipt for an exchange, credit or refund. You are welcome to use the returns slip which arrived with your order, or write your own note. Please provide your name, address and a phone number / email address so we can contact you if we have any questions regarding your return. For hygiene reasons we cannot accept returns of cosmetic, cleaning and underwear products.
Please complete the relevant section of the returns form enclosed in your original order. If you wish – instead of the returns form you may write us a note which contains your details, the order number if you know it, and inform us of how to proceed with your return (credit, exchange, return). We recommend that you obtain a certificate of posting, as we cannot be responsible for packages that do not reach us. Return postage costs are borne by you.
We will not charge you additional postage for exchange orders delivered within the UK mainland.
Beds, mattresses, and slats incur a pick-up charge of £80 (UK mainland - other areas by quotation). All mattresses are bespoke items.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.