Terms & Conditions

OUR TERMS

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Provisions specific to consumers only or to businesses only are specified throughout these terms.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.


2. Information about us and how to contact us


2.1 Who we are. We are Alpine HC Limited and we trade under the name Opera. We are a company registered in England and Wales and our company registration number is 06318479 and our registered office is at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, HU7 3AP.
2.2 How to contact us. You can contact us by:
(a) telephoning our customer service team at 0333 222 8584;
(b) writing to us by email at info@operabeds.com; or
(c) writing to us at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, HU7 3AP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.


3. Our contract with you


3.1 How we will accept your order. Our acceptance of your order will take place when we issue you with a written acceptance or we carry out an act consistent with fulfilling the order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


4. Our products


4.1 Products may vary slightly from their pictures. Any samples, images, drawings, descriptive matter or advertising on our website, in our catalogue or elsewhere and any descriptions of the goods or illustrations or descriptions of the services contained in our catalogue, on our website or elsewhere are issued or published for the sole purpose of giving an approximate idea of the goods or services described in them. They shall not form part of the contract or have any contractual force.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website, in our catalogue or otherwise.
4.3 Making sure your measurements and bespoke requirements are accurate. If we are making the product to measurements or other bespoke requirements you have given us, you are responsible for ensuring that these measurements and requirements are correct.


5. Your rights to make changes


If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.


6. Our rights to make changes


6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws or regulatory requirements; or
(b) to implement minor technical adjustments and improvements.
6.2 More significant changes to the products and these terms. In addition, if we make significant changes to the products or these terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.


7. Providing the products


7.1 Delivery costs. The costs of delivery will be as set out in our quotation form or otherwise notified to you during the order process. In most cases we offer free delivery on orders over £75 (excluding VAT).
7.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible. Due to their nature, lead times will be longer for products that are to be tailored or made to your specifications. Your estimated delivery date will be notified to you during the order process. If you are a business customer then time for delivery is not of the essence and we shall not be liable for any delay in delivery that is caused by an event or circumstances outside of our control or a customer’s failure to provide us with instructions relevant to the order or its delivery.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the products are ongoing services or provided on a subscription basis. We will supply the goods or services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay (being not less than 60 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you are a business customer, any times or dates notified to you in respect of your order or its performance are not of the essence.
7.4 Collection by you. If we have agreed that you can collect the products from our premises, you can collect them from us at the pre-agreed time. You must contact us first to arrange a collection time before collecting your goods.
7.5 If you are not at your address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or (if possible, which will depend on the products ordered) collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you cancel or do not allow us access to provide products. If you cancel or change any goods or services (such as an installation) less than 24 hours before the date on which the goods are to be delivered or the services are to commence, or you do not allow us access to your property to deliver the goods or perform the services as arranged, we may charge you additional costs incurred by us as a result. For a cancelled or postponed delivery, you will be liable to us for the full delivery charge. If you were due to have the product installed, you will be liable for the full charge of both delivery and installation. For a cancelled or postponed installation, this charge is currently £50 plus VAT. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or a carrier (organised by you) collects it from us. If we have agreed to install the goods, the goods will be your responsibility from the time we complete the installation.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws or regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.7).


8. Your rights to end the contract


8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) If our 10 Day Home Trial applies, see clause 8.4;
(e) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed (for a period of not less than 60 days) because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our 10 Day Home Trial for consumers. If you are a consumer then most products we offer are eligible for a 10 Day Home Trial. This is more generous than your legal rights under the Consumer Contracts Regulations as it applies to products to which the statutory right to change your mind (see clause 8.5) does not apply. You will be notified of our 10 Day Home Trial during the order process if the product(s) you have ordered are eligible. If you wish to receive the 10 Day Home Trial then you must book this at the time you place your order. If you have booked a 10 Day Home Trial then you have the right to return the relevant product(s) if you are not 100% satisfied with your purchase. This right is subject to a number of conditions:
(a) You must fully comply with any terms and conditions that we may specify in respect of the products you have ordered. These could relate to the storage, handling, maintenance and use of the products, amongst other things. For example, if the product is a mattress, we will specify that it must at all times be used with a suitable mattress protector of the kind specified by us;
(b) You must notify us of your wish to return the product(s) within 10 days of delivery; and
(c) Products must be returned in excellent condition with their original packaging.
The right to return products in accordance with our 10 Day Home Trial policy only applies if you have fully complied with the above conditions. There is no right to return the products under this policy if these conditions are not met (though this does not affect your legal rights in relation to faulty or misdescribed products). If you are entitled to a refund under our 10 Day Home Trial policy then we will refund you for the price of the returned product(s) (excluding any delivery and installation costs), though we may reduce your refund for any reduction in the value of the products whilst in your possession and any costs incurred by us when de-installing and collecting the goods (see clause 9.4).
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) products sealed for health protection or hygiene purposes (such as mattresses), once these have been unsealed after you receive them;
(c) the products are customised, bespoke, personalised or otherwise made to your specifications;
(d) any products which become mixed inseparably with other items after their delivery; and
(e) any other circumstances where the Consumer Contracts Regulations 2013 does not expressly give you the right to cancel.
8.6 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.


9. How to end the contract in accordance with these terms and conditions (including if you are a consumer who has changed their mind)


9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0333 222 8584 or email us at info@operabeds.com. Please provide your name, home, details of the order and, where available, your phone number and email address.
(b) By post. write to us at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, HU7 3AP, including details of what you bought, when you ordered or received it, your order number and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, HU7 3AP or (if we request) allow us to collect them from you. Before doing so, please call customer services on 0333 222 8584 or email us at info@operabeds.com to arrange the return or collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return and de-installation. We will pay the costs of return and de-installation:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind or receiving a 10 Day Home Trial) you must pay the costs of return and de-installation (see clause 9.4).
9.4 What we charge for collection and de-installation. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. In most cases, the cost of de-installing and returning goods is £150 plus VAT per order (not per product) provided all returned goods are collected or returned at the same time. The cost of collecting only a mattress is £50 plus VAT.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products (including delivery costs if you are a consumer), by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery and installation costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Any installation costs will not be refunded where the installation has already been performed.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind


10. Our rights to end the contract


10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) you take any step or action in connection with bankruptcy, administration, liquidation, winding up or any similar proceeding or your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.


11. If there is a problem with the product


How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0333 222 8584 or write to us at info@operabeds.com.


12. Your rights in respect of defective products if you are a consumer


12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.


Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

 

12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0333 222 8584 or email us at info@operabeds.com for a return label or to arrange collection.


13. Your rights in respect of defective products if you are a business


13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose expressly held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at your cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2;
(b) the defect arises because you failed to follow either our or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you (or on your behalf);
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.


14. Price and payment


14.1 Where to find the price for the product. The price of the product will be the price indicated on our website, as set out in our quotation or as otherwise notified to you during the order process. The price will be exclusive of VAT unless expressly stated otherwise. Where a supply is taxable for VAT purposes, we will issue you with a VAT invoice and you will be required to pay the VAT chargeable on the supply. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.4 for what happens if we discover an error in the price of the product you order.
14.2 VAT relief. The supply of certain products may be eligible for VAT relief. If VAT relief is available, we will require written confirmation that the required conditions are met. You can contact us on 0333 222 8584 or info@operabeds.com if you have any questions, though please note we are not tax advisers and cannot be held responsible for any information provided.
14.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error has occurred, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.5 When you must pay and how you must pay. We accept payment using most debit and credit card types as well as bank transfers. We also accept payment by cheque, though goods will not be dispatched until the cheque is received and has cleared. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them and we may charge you for the products at any time after your order is accepted.
(b) For services, you must pay for the services before we start providing them and we may charge you for the services at any time after your order is accepted.
(c) For business customers. If you are a business customer with an existing credit account, you may be able to place your order on your account and receive an agreed credit period to make payment (typically 30 days from the date of invoice). If you are a business customer and would like to set up a credit account, please call 0333 222 8584 to request an account application form.
If any order specific payment terms set out on our website, in our quotation or otherwise notified to you during the order process differ to the terms set out in these terms and conditions, the order specific payment terms shall prevail.
14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.9 Financing, in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you financing payment options. Further information and Klarna’s user terms 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.


15. Our responsibility for loss or damage suffered by you if you are a consumer


15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for breach of your legal rights in relation to the products as summarised at clause 12.1 and for defective products to which the Consumer Protection Act 1987 applies.
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.


16. Our responsibility for loss or damage suffered by you if you are a business


16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly state in clause 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, 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 between us; and
(b) our total liability to you in respect of all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate price of the goods and services supplied by us and paid for by you under the contract.
16.4 In the event that the limitation on liability set out in clause 16.3(b) is found to be illegal, invalid, void or otherwise unenforceable for any reason, then our total liability to you in respect of all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall in no circumstances exceed an amount equal to 150% of the aggregate price of the goods and services supplied by us and paid for by you under the contract.
16.5 In the event that the limitations on liability set out in clauses 16.3(b) and 16.4 are found to be illegal, invalid, void or otherwise unenforceable for any reason, then our total liability to you in respect of all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the amount that the we are able to recover from our insurers in respect of the losses claimed by you.


17. How we may use your personal information


How we will use your personal information. We will only use your personal information as set out in our privacy policy. A copy of our current privacy policy can be found at https://operabeds.com/pages/privacy-policy or you can email us at info@operabeds.com to request a copy.


18. Other important terms


18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and/or any contract made between us to another organisation. If this happens, we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms and/or any contract made between us to another person if we agree to this in writing. However, if you are a consumer you may transfer any guarantee we have provided to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal or otherwise unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.