Some important info about the 'small print'
Here's everything you need to know about our Internet & Telesales Terms and Conditions
Welcome – here's what this information covers.
We've put together a list of all the key points about the terms and conditions that you'll be entered into when you place an order with us.
Let's start with the basics - 'who's who' and 'what's what'
You agree to be bound by the terms and conditions as set out below and they'll govern each Order that You place with us. Each Order is a separate legally binding contract. You should read these terms and conditions carefully and make sure You understand them.
If a provision in these terms and conditions is found to be invalid or unenforceable by a court, it will not affect the validity of the remaining provisions.
These terms and conditions are governed by the Republic of Ireland and don't affect your statutory rights.
1. WHAT DO THE TERMS MEAN?
1.1 In these terms and conditions and Your sale agreement (which was given to You on the day You purchased the Goods), the following words shall have the following meanings:
- "You" or "Your" means the person named in the Order who we're supplying the Goods to in accordance with these terms and conditions;
- "We", "Us" or "Our" means Hometime Retail Limited, Coliemore House, Coliemore Road, Dalkey, Dublin, Ireland
- "Order" means Your order for the Goods;
- "Goods" means all products listed in the Order;
- “Made to Measure” mean any Goods that are made to specific, non-standard dimensions as determined by You; and
- "Delivery" means the delivery of the Goods to the delivery address specified in the Order.
2. YOUR ORDERS:
2.1 These terms and conditions apply to Orders placed online, over the phone or through a brochure only.
2.2 It's your responsibility to check:
(a) the dimensions of all goods to ensure that they will fit into your property; and
(b) that additional services requested (such as assembly or recycling) are clearly noted in the Order. These will be shown separately. If they're not included in the Order then these services haven't been purchased and won't be provided. These can be added by contacting Customer Care on 1800 508300.
2.3 A confirmation of your Order will be sent automatically by e-mail or postal service and, unless You are notified to the contrary within 24 hours of this confirmation, the Order will be deemed to be accepted by Dreams.
3.1 The description of the goods will be as specified within the Order.
3.2 You should be aware that:
(a) all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;
(b) mattress sizes may vary slightly from their stated dimensions due to standard industry manufacturing tolerances; and
(c) comfort grading is for guidance only;
(d) when placing a mattress on a bedstead please note that there may be a gap around the edges; this is normal and is designed to allow for rotation & bedding.
3.3 We will ensure that at the time of delivery, the goods will:
(a) be of satisfactory quality;
(b) be fit for the purpose for which they are designed and supplied;
(c) be free from material defects in design, material and workmanship; and
(d) comply with all applicable statutory and regulatory requirements for selling the goods in the Republic of Ireland.
3.4 In addition to meeting our obligations set out in clause 3.3 above, if during the first 6 months from the date of delivery, you inform us that you believe the goods do not conform to any of these obligations, we may arrange an inspection.
(a) if this inspection finds that we have not breached any of our obligations, we will decline any further action, but will provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist;
(b) if the inspection verifies that the goods do not conform to any one of our obligations, should you be entitled to reject the goods for a refund under clause 3.7.1 below and you choose to exercise that right, we will provide a full refund without any deduction for use. In all other circumstances, your rights are set out in clause 3.7.
3.5.1 Our obligations cover normal domestic home use only and do not apply to any natural mattress settlement or any defect in the goods arising from fair wear and tear, wilful damage, accidental damage, negligence by you, commercial use, failure to follow our written instructions regarding care of the goods, or any alteration or repair to the goods that you carry out without our prior written approval.
3.5.2 Nor do our obligations cover defects drawn to your attention prior to purchase or where you examined the goods prior to purchase and you should have been reasonably expected to notice any defect.
3.6.1 Once the guarantee period has expired, if you believe the goods do not conform to the requirements set out in clause 3.3 above, you must provide suitable evidence showing that we are in breach of our obligations. Normally, such evidence would be in the form of a report from an inspection company arranged at your cost. Ideally, any inspection service used should be from a recognised, independent specialist approved by us to ensure that you and we have confidence in the inspection outcome.
3.6.2 If your own independent inspection report verifies that the goods do not conform to the requirements set out in clause 3.3 above, your rights are set out in clause 3.7 below. In these circumstances, we will also refund the cost of your inspection up to a maximum of €59, which is a reasonable level of cost for independent inspections.
3.7.1 In the rare event that goods are found not to conform to the requirements set out in clause 3.3 above, we will follow a fair and fast process. In these circumstances, you have the following rights:
Short-term right to reject
If the breach is reported within 30 days beginning with the first day after the goods were delivered, you may, at your absolute discretion, exercise your right to reject the goods and we will provide a full refund of the price paid for them.
Right to repair or replacement
If you choose not to exercise your short-term right to reject, or if more than 30 days have passed since delivery of the goods, you may require the goods to be either repaired or replaced (with the same model) free of charge. If one of these remedies is disproportionate compared to the other, we will discuss with you which is the most reasonable and proportionate remedy.
Right to discount or final right to reject:
If a repair or replacement of the goods is impossible or a previous repair or replacement has not resolved the breach, or if neither remedy can be achieved within a reasonable time, you may, at your absolute discretion, keep the goods and agree an appropriate price reduction or reject the goods and, subject to clause 3.7.2 below, obtain a full refund of the price paid for them
3.7.2 If you exercise your final right to reject after 12 months have passed since the goods were first delivered, we shall be entitled to reduce any refund by making a proportionate deduction for the use you have had of the goods since they were first delivered.
3.8 If the goods do not conform to this contract at the time of delivery, you have up to five years from that time to claim an appropriate remedy. You should report any non-conformity to us at the earliest opportunity and refrain from taking any action, including continued use of the goods, that may make any defect worse.
3.9 We guarantee that for 12 months from the date of repair or replacement, the goods will conform to the requirements set out in clause 3.3 above.
3.10 If any aspect of your order does not go quite according to plan, our aim is to make our after-care service as simple, clear and transparent as possible.
4. EXTENDED GUARANTEES:
If You have purchased an extended guarantee with your goods, these guarantees are subject to their own terms and conditions, which are stated on the guarantee paperwork.
5. PRICE AND PAYMENT:
5.1 Full payment is required at the time the Order is placed and Hometime Retail Limited will collect this using the debit/credit card details supplied by the buyer.
5.2 Our prices are the same, whether you purchase online or in store.
6. OUR PRICE PROMISE TO YOU:
Our price promise applies to any undelivered bed or bedroom furniture for 28 days from purchase. If You see the same bed as on your Order in another retailer at a cheaper price (excludes specialist online 'only' retailers and outlet stores) We'll refund the difference. The price promise is subject to Us verifying the lower price.
7. OUR DELIVERY AND COLLECTION SERVICE
7.1 Delivery of the Goods are €59 for orders under €500 and free of charge for orders over €500.
7.2 Delivery will be made to the delivery address specified on the Order. We will not be able to change the delivery address for any Order covered by a finance agreement. For all other Orders any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours before delivery of any delivery amendments. Any amendment, however small, may lead to an increase in lead time or change of delivery date. Paragraph 7.4 below will not apply to any such change in lead time or delivery date.
7.3 We can deliver to the majority of postcodes, but We may be unable to deliver to some locations. Please contact Us for more details.
7.4 Delivery dates and indicative lead times start from the date of the Order. While these are given in good faith, they may be subject to change due to events outside our control. If we are unable to deliver the Goods on the date you have booked or within the indicative lead time shown on our web site at the time the Order was made, then
a) if you told us at the time of purchase or if it is clear from the circumstances at that time that the agreed delivery date or indicative lead time was essential, you will be entitled to cancel the Order and we will provide you with a full refund of all amounts paid;
b) otherwise, we will agree with you a revised date or further period of time for delivery based on the circumstances appropriate for those Goods. If we are unable to deliver your Goods on the revised date or before the end of the further period of time, you will be entitled to cancel the Order and we will provide you with a full refund of all amounts paid.
7.5 If, as a result of circumstances beyond our control, we are or reasonably believe that we’ll be unable to complete Delivery of the Goods, we’ll be entitled to cancel the Order and will provide You with a full refund of all amounts paid for the undelivered Goods and any unfulfilled services.
7.6 Delivery of Your Order will be made between 07:00 and 18:00 on the scheduled delivery date. You will receive notification of an estimated four-hour delivery time slot on the day of delivery. The estimated time slot is indicative only and not intended to be a guarantee. While we’ll make every effort to deliver your goods within the estimated time slot, on rare occasions deliveries may be affected by factors beyond our control. On such occasions, we will do our very best to keep you informed of any changes to your delivery time. Where You are responsible for Us being unable to deliver or exchange your goods, for instance, but not limited to, there being no-one at home to take delivery at the appointed time or access is not clear or free of obstruction or apartment service lifts being out of order, then You must pay a re-delivery charge of €59.
7.7 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Subject to Paragraph 7.8 below, Delivery is to Your room of choice at the delivery address. We don’t need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.
7.8 If we reasonably believe that the Goods cannot be delivered to Your room of choice without damaging the Goods and/or Your property, or if there are access restrictions to or in Your home that prevents or inhibits reasonable attempts of delivery, or if the Goods do not fit in your room of choice, we will not be able to complete delivery to that room and will discuss alternative options with You.
7.9 Where Paragraph 7.8 applies, you may choose to cancel the Order in accordance with your cancellation rights shown in Paragraph 11 below. However, You may choose to reselect to an alternative product Order as a replacement for the Goods, and in this case the following will apply:
(a) You must pay the difference between the price of the Goods and any replacement product which is of higher value;
(b) You shan’t be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and
(c) You must pay a delivery charge of €59 and our reasonable administration costs.
7.10 The Goods may require some assembly. If you’ve purchased an assembly service, this’ll be carried out by Us or a provider selected by Us. If You have not purchased this service, it’s Your responsibility to assemble the Goods. Please note that the availability of assembly services is dependent on the postcode being delivered to.
7.11 We’ll notify You in writing or verbally once the Goods are ready for Delivery or collection. If You fail to collect or take Delivery of the Goods on the agreed date, we’ll not store the Goods, for any reason, for longer than 14 days.
7.12 Where you have purchased Goods and services via our telesales team and You fail to pay the full price of the Goods and any services within 7 days of the scheduled delivery date, subject to Paragraph 7.13 below, delivery will be deferred until the first available date following payment in full of any outstanding balance. It is your responsibility to make sure that any outstanding balance is paid in a timely manner.
7.13 Where You fail to pay any outstanding balance or take Delivery or collect the Goods within 30 days after the scheduled delivery date, We’ll be entitled to cancel the Order and provide a full refund of all monies paid. In these circumstances, we’ll send you written notification 14 days before cancellation, providing you with an opportunity to pay any outstanding balance or to agree a final delivery date.
8.1 The collection and disposal of Your old beds/mattresses is an additional and chargeable service.
8.2 Under no circumstance should items for disposal be left exposed to the weather and become wet or soiled. We reserve the right to refuse collection in this instance. In addition, Our delivery service driver may refuse to collect such items if they are reasonably concerned about contamination of other customer orders on his vehicle. In this instance a full refund of the charges for the disposal will be given but You'll be responsible for the disposal of such items.
9. RESPONSIBILITY FOR RISK AND OWNERSHIP:
9.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.
9.2 Where You have decided to pay through Our finance options, responsibility for and ownership of the Goods will only pass to You in accordance with the terms of Your finance documentation.
10.1 You may cancel the goods for any reason and at any point after placing your order, provided your intention to cancel is notified to us no later than 14 days after the day of delivery. We will provide a full refund of the price you paid for the goods without deduction, except as provided at sub-clauses 10.3 and 10.4 below. Your intention to cancel can be notified to us by:
a) calling customer services on 1800 508300 or email email@example.com
10.2 Orders for made-to-measure goods (see definitions at clause 1 above) cannot be cancelled once your order has been accepted by us.
10.3 You should not handle the goods beyond what would be reasonably allowed in one of our stores to establish the nature, characteristics and functioning of the goods. If the value of the goods is reduced by any amount through unnecessary handling, we shall be entitled to make a deduction of that amount from any refund.
10.4 In the case of sealed goods, such as, but not limited to, pillows, mattress protectors and duvets, we reserve the right to reject cancellation for health protection or hygiene reasons if these goods become unsealed after delivery. This does not apply if the goods in question are found to be faulty.
10.5 You must make the goods available for collection by us within 14 days from the date you first notified us of your intention to cancel the goods. We will deduct a charge from the refund to cover the cost of collection. The collection charge is €59.
10.6 It is your responsibility to take reasonable care of the goods while they are in your possession. If the goods, when returned to us, exhibit any signs of wear and tear or damage caused while they were in your possession, we may require a further deduction from any refund to reflect the diminution in the value of the goods.
10.7 You should return the goods in their original packaging, if this is available, and, if it is not available, you should make sure that the goods are suitably and sufficiently packaged to protect them while in transit back to us.
11. ABOUT REFUNDS:
11.1 Refunds will be made to You as soon as possible and in any event within a period of 7 days from return of the Goods.
11.2 If Goods have been Delivered, then a refund can't be made until we've collected the Goods.
11.3 If You participated in a linked saving offer (for example, buy a bed for €999 and get €200 worth of free bedding) You must return both items to get a full refund. If You only returned the bed in the given example, You would be refunded only €799 to cover the price of the bedding.
11.4 If You participated in a 'multibuy' offer (for example, buy three items for the price of two) You must return all the items to get a full refund. If You only return part of such an Order, then any 'multibuy' saving will be deducted from the amount of Your refund.
13. OUR 100-NIGHT COMFORT GUARANTEE:
13.1 Our 100-Night Comfort Guarantee applies to all our mattresses, including adjustable, made-to-measure, Clearance and ex-display mattresses. It does not apply to bed frames, divans, adjustable or ottoman bases.
13.2 If at any time between 30 and 100 nights from the day of Delivery (or collection from store) You inform Us that Your choice of mattress is proving uncomfortable, as long as You comply with the conditions set out below We’ll exchange it, without quibble, for an alternative mattress.
13.3 If you select a more expensive mattress, any difference in price between the original mattress (or, if you have previously exchanged a mattress under this Comfort Guarantee, the returning mattress) on the one hand and the replacement mattress on the other must be paid at the time of re-selection.
13.4 If you select a less-expensive mattress, any difference in price will be returned to you in the form of Dreams vouchers. These can be redeemed against future purchases made in-store or through our telesales team.
13.5 The Comfort Guarantee is subject to the following conditions:
(a) We’re unable to process an exchange earlier than 30 nights from the day of Delivery as it can take this long for Your body to adjust to Your new mattress and for the fillings to settle.
(b) the original or returning mattress must be kept in perfect condition, so We insist on the use of a mattress protector. We reserve the right to refuse an exchange if a mattress protector hasn’t been used or the product is marked or soiled
(c) a collection and re-delivery charge of €59 will be applied to each exchange.
13. EVENTS OUTSIDE OUR CONTROL:
13.1 We'll not be liable or responsible for any failure to perform Our obligations under the Order that is caused by events outside Our reasonable control. These include (without limitation) the following:
(a) delays caused by one of Our suppliers, except in the circumstances envisaged by clause 7.6;
(b) strikes, lock-outs or other industrial action;
(c) fire, explosion, storm, flood, snow or other natural disaster;
(d) unavailability of shipping, aircraft, motor transport or other means of public or private transport; or
(e) unavailability of public or private telecommunications networks.
13.2 Our obligations under these terms and conditions are suspended for the period that such events continue, and we'll have an extension of time to perform these obligations for the duration of that period.
14. LIMITATION OF LIABILITY:
14.1 We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights. Advice about Your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
14.2 We’re responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we’re 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’re not responsible for any loss or damage that isn’t foreseeable. Loss or damage is foreseeable if either it’s obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.3 In the case of damage to Your property caused by our failure to use reasonable care and skill during Delivery, Our liability is limited to Your direct costs of returning Your property to its pre-damage condition. We’re not responsible for any element of the repair cost that may be reasonably be considered as betterment.
14.4 We’re not liable for business losses. We only supply the products for domestic and private use. If You use the products for any commercial, business or re-sale purpose we’ll have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 Subject to clause 14.2, our total liability to You under or connected with these terms won’t exceed the price payable for the goods for any one event or series of connected events.
14.6 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.