Online Order Terms & Conditions
Keen Kleen 2003 Ltd T/A Millers of Carnoustie & Millers of Montrose
You agree to be bound by the Terms and Conditions as laid out below and they will 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 laws of Scotland and do not affect your statutory rights.
IMPORTANT: Please do not dispose of your current mattress / bed until your new items have arrived and you have read in full our Terms and Conditions, as follows.
Terms of Sale:
- 1. Definitions
- 2. Orders
- 3. Price and Payment
- 4. Delivery
- 5. Disposal
- 6. Warranty and Guarantees
- 7. Cancellation & Returns
- 8. Damaged or Disputed Goods
- 9. Refunds
- 10. Risk and Ownership
- 11. Ex-display / clearance
- 12. Accuracy of information
- 13. Events outside our control
- 14. Limitation of liability
- 16. Contact Us
- 17. Fraud Prevention
- 18. Complaints Policy
- 19. Alternative dispute resolution (ADR)
- 20. Non-Permanent Promotions
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 to whom we are supplying the Goods in accordance
with these Terms and Conditions;
“We”, “Us” or “Our” means Millers of Carnoustie, 90 Dundee Street, Carnoustie, Angus, DD7 7PH
“Order” means Your order for the Goods and/or Services;
“Goods” means all products listed in the Order;
“Made to Measure” means 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.
2.1 These terms and conditions apply to Orders placed Online or over the phone.
2.2 It is Your responsibility to check:
- the dimensions of all Goods to ensure that they will fit into Your property; and
- that additional services requested (such as room of choice or disposal) are clearly noted in the Order. These will be shown separately. If they are not included in the Order, then these services have not been purchased and will not be provided.
- 2.3 The description of the Goods will be as specified within the Order.
2.4 You should be aware that:
- all furniture sizes given are approximate and stated mattress and bed sizes refer to the sleeping surface only;
- mattress sizes may vary slightly from their stated dimensions due to manufacturing tolerances (see term 13.3 – manufacturer’s specification subject to tolerance +/- 2 inches, 5cm); and
- comfort grading is for guidance only.
- When placing a mattress on a bedstead please note that there may be a gap around the edges; this is to allow for rotation & bedding.
2.5 Please be aware that when converted, metric sizes are not exactly
the same as imperial sizes.
For more information and advice, please visit: SleepCouncil.org.uk
2.6 Receipt of an order via Our website millersofcarnoustie.co.uk does not constitute acceptance of an order. We reserve the right to refuse your order for any reason.
2.7 A confirmation of your order will be sent automatically by email or postal service together with a copy of these Terms and Conditions and, unless you are notified to the contrary within 72 hours of this confirmation, the order will be deemed to be accepted.
2.8 You will be responsible for ensuring the accuracy of any order submitted by You, confirming where reasonably requested to do so by Us any telephone numbers, and for the giving of such information as is necessary relating to the Sale Terms and delivery (as the case maybe) to enable us to deliver the goods to the delivery address provided by You.
2.9 Any errors or omissions in any sales literature, price list, dispatch note, invoice or other documentation or any information issued by Us from time to time shall be subject to correction without liability on Our part.
3. Price & Payment:
3.1 Full payment is required at the time the order is placed and We will collect this using the payment details supplied by the Buyer.
3.2 All prices quoted are in pounds sterling including any applicable taxes at current rates.
3.3 All purchases must be paid in full before delivery. We will continue to own and reserve the right to repossess any goods sold from its web site until payment has been received and cleared in full. Where Goods are purchased using a Finance option, these will be processed once approval has been received, ownership of these Goods will be passed to the Finance provider under your finance agreement terms.
3.4 Payments are accepted on most credit or debit cards (including Visa, Delta, Mastercard and American Express “AMEX”) via our secure server. I/We authorise you to make any enquiries you deem necessary in connection with this sale. This information will be used for fraud prevention or debt recovery.
3.5 Price includes delivery to any mainland UK address Monday to Friday. Additional charges may be incurred for delivery to the Scottish Highlands and Grampians.
3.6 We can only accept payments from U.K registered accounts. Any payments received from non-U.K. registered accounts may be cancelled and refunded at the discretion of Us.
3.7 The total price payable, for all items ordered, will be debited from the account provided, at the time that the order is placed.
3.8 All billing information given must match those held by the bank that issues the card that you are paying with. Failure to supply the correct information may lead to a delay or cancellation of your order. Your order will only be processed once the payment has been authorised.
3.9 Payment for goods must be made in accordance with our purchase procedure as set out on our website. All orders are positively credit card sanctioned prior to dispatch. We can accept no responsibility if any details you provide us with that are incorrect or if any order is held up as a result of incorrect or unsubstantiated details.
3.10 Your order for goods is subject to stock availability. If we do not supply goods to you for any reason, we will inform you of the situation and will refund any money already paid by you for these goods. If either you or we are in breach of the arrangements under the Agreement, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach.
4.1 Delivery dates and lead times are given in good faith but are subject to change and all matters beyond Our control, including acts of nature, strikes, lockouts and delay by suppliers.
4.2 Delivery lead times will be clearly detailed on the product page. Most delivery lead times are shown in working days and start from the date of Order.
4.4 All delivery times are subject to stock availability and whether your payment has been processed and validated.
4.5 Delivery will be made to the delivery address specified on the Order and any changes to the delivery address must be supported by documentary evidence. You must notify us at least 72 hours prior to Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.
4.6 We can deliver to most postcodes in mainland England, Wales and Scotland (including the Highlands & Grampians), but We may be unable to deliver to some locations. We are unable to deliver to Ireland (including Northern Ireland) and all offshore islands including Isle of Wight and Isle of Man. We reserve the right to recover all costs for orders processed to these areas.
4.7 Deliveries to the following postcodes may take a little longer – please allow 3-14 days for deliveries to AB, DD, FK, IV, KW, KY, P, PA1-80 and PH.
4.8 Our basic Free delivery service is one delivery driver, who will bring your item to the door of your house or to the ground floor of your block of flats.
This is delivery to your front door only. Delivery days with this service are Monday to Saturday only, between 7:30am and 6:30pm.. We are only responsible for delivering goods to the customer’s front door.
It is solely Your (Homeowner / Tenant) responsibility to ensure purchased items will fit into your home. You must check measurements of doorways, corridors and stairways in particular. Also please ensure all floors are suitably covered and any obstructions are removed to allow this service. The couriers are not permitted to move any personal items unless pre-arranged and only after the courier is fully indemnified by You against any damage via a signed disclaimer at your home on the delivery day. Because of Health & Safety requirements the crew are not permitted to remove their safety shoes.
4.10 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.
4.11 Please ensure you check Your items thoroughly on delivery for damage. You will be asked to sign the proof of delivery (POD) to confirm all goods were checked and received in good condition and that there was no damage to Your order and / or Your property as a result of the delivery. If upon delivery You find Your goods are damaged, please sign for them as “Damaged” and refuse delivery.
4.12 We must be notified within 24 hours of your delivery if any part of your order is missing. All claims will become void after this period.
4.13 If, as a result of circumstances beyond Our control, We reasonably believe that We will be unable to complete Delivery of the Goods, We will be entitled to cancel the Order and will provide you with a full refund of all amounts paid.
4.14 If We are unable to complete Delivery due to the a standard non customised item not fitting in the required room at the delivery address, You may order a different product as a replacement for the Goods. In these circumstances:
- You must pay the difference between the price of the Goods and any replacement product which is of higher value;
- The items must be too big to be physically delivered to the room (not assembled
- You shall not be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and
- You must pay an additional delivery charge and our reasonable administration costs.
4.14b Any item from our customisable range which is made to Your specifications can not be returned for refund or credit
4.15 If You cancel your order after it has been despatched or refuse delivery, You will be liable for a return charge of £45 per item. The returns charge will be deducted from any refund due. See “Cancellations – term 7” below for more information.
4 .16 If you miss your delivery, you will be liable for a re-delivery charge of £30.
5.1 We strongly recommend that your old furniture, bed or mattress is not disposed of before receipt of delivery of the ordered items. We cannot cover costs incurred due to unforeseen delays in delivery
6. Warranty & Guarantees:
6.1 We guarantee (the “Guarantee”) all items for a minimum of 12 months from the date of Delivery, and the Goods will:
- be of satisfactory quality;
- be fit for the purpose for which they are designed and supplied;
- be free from material defects in design, material and workmanship; and
- comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
6.2 Some mattresses also benefit from a free limited warranty of up to 10 years. See our “Product Warranty” information for more details.
6.3 The Guarantee covers normal domestic home use only and does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You, commercial use, failure to follow Our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without Our prior written approval.
6.4 In the unlikely event you do have a warranty claim, we request photographs of the fault to forward to the manufacturer who can then authorise immediate action for the warranty claim.
6.5 If you inform us that the Goods have developed a fault in breach of the Guarantee, we require photographs of the fault.
6.6 If the fault cannot be accessed from a photograph, we may require inspection of the Goods. As the inspection is carried out with an independent company a deposit of £40.00 is required to be paid. If the product is found to be faulty on inspection, the deposit will be refunded.
If no breach of the Guarantee / Warranty is found, we will decline any further action, but provide full details of the reasons for our decision. You will be provided a copy of the reports completed by the inspection specialist.
6.7 If you would prefer to use an inspection service of Your choosing, then this must be done at Your cost. Recognized independent specialists include HomeServe, FIRA and Ecomaster. A written agreement must be obtained from Us prior to an inspection being carried out.
6.8 In the event that Goods are found to have breached the Guarantee, We will follow a fair and fast process. We will either repair or replace the Goods free of charge. We will do our best to agree with You which remedy would be most appropriate.
6.9 The Guarantee shall apply to any repaired or replacement Goods we supply to You and starts from the original delivery date for the rest of the Guarantee / Warranty.
6.10 There will be charges applied to warranty claims made after the first 12 months. These vary depending on manufacturer, and any charges will be clarified before a warranty claim is processed.
6.11 Any claims made after 12 months from delivery are subject to transport charges.
7. Cancellation & Returns:
.1 The Buyer may cancel the goods at any point after placing their order, but no later than 14 working days from the day of delivery, and the Goods must be unused. Intention to cancel can be notified to Us by:
- Emailing to email@example.com
- Messaging us through our Facebook page – requires confirmation of receipt of message
- Writing to us at Customer Services, Millers of Carnoustie, 90 Dundee Street, Carnoustie, Angus, DD7 7PH
7.2 Made to Measure Items (see definitions) cannot be cancelled once the order has been accepted by Us. The Consumer Rights Act 2015 states that goods made to the consumer’s own specifications are excluded from the cancellation rights. This does not affect the consumer’s rights to redress under the Sale of Goods Act if the goods do not conform to the contract. Please refer to term 8 in the event the goods are; damaged on arrival, faulty or the order is incorrect.
7.3 Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.
7.4 Buyers may open the outer packaging to inspect a product on delivery but must not remove the heat-sealed mattress bag, should you wish to test the mattress. If in the unlikely event the Goods are then rejected, the Buyer must ensure reasonable care of the Goods and they are returned to Us (see returns address below term 7.6) unopened, unused, in an ‘as new’ condition complete with all instructions included. Mattresses which are delivered vacuum packed can not be returned once the seal on the vacuum packaging has been broken. This does not affect the consumers rights to redress under the Sale of Goods Act if the goods do not conform to the contract
7.5 Intention to return Goods must be notified in writing within 4 days of delivery either by:
- Emailing: – firstname.lastname@example.org
- Writing to: -.Customer Services, Millers of Carnoustie, 90 Dundee Street, Carnoustie, Angus, DD7 7PH
7.6 The Buyer may return the Goods (at the Buyers cost) in their
original condition, unused and adequately packaged to prevent damage. The
address for returns will be provided in the communication when you have
notified of the intention to return the items
7.8 Following collection or return, if the Goods are found to be damaged (and the damage is not the result of our actions), We will seek to recover the cost of remedying the damage from the Buyer.
8. Damaged or Disputed Goods:
8.1 We will exchange any furniture or mattress that is either damaged or faulty upon delivery only when the customer follows all our Terms and Conditions that apply.
8.2 Before processing a damaged / disputed goods claim, we will require a photograph of the damaged / disputed goods before any action can be processed.
8.3 It is the responsibility of the customer to check the goods have been delivered in good condition.
8.4 If you are unable to check the goods for damage before signing the delivery note, please sign for the item as damaged.
8.5 If you sign for an item as delivered in good condition and you subsequently notify us of damage, this may affect your eligibility for an exchange.
8.6 Please contact our Customer Services team within 24 hours of delivery to notify us of a fault / damages via email to email@example.com
8.7 Please send in photographic evidence of any damages as soon as possible via email to firstname.lastname@example.org, within 24 hours of notifying us.
9.1 Refunds will be made to You as soon as possible and in any event within a period of 14 days from receipt and checking the Goods are as new and complete.
9.2 If Goods have been Delivered, then a refund cannot be made until the Goods have been returned and checked as complete and as new.
9.3 If You participated in an offer (for example, buy a bed for £999 and get £100 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 only be refunded £899 to cover the price of the bedding.
9.4 Any refunds will be subject to deduction of Cancellation charges, where appropriate. See point 7.8 above for further details.
9.5 Unfortunately, we cannot authorise refunds or exchanges on any products that have been unpacked and slept on. Products which are part of a Sleep Trial offer may be exchanged under the Terms and Conditions of the Sleep Trial (See individual Sleep Trial terms and conditions for more details).
9.6 Where possible, We will liaise with the manufacturer with regards to an exchange – it is the sole discretion of the manufacturer to offer an exchange if this circumstance should arise.
9.7 Exchanges, where applicable, will incur additional costs.
10. Risk & Ownership:
10.1 Responsibility for the Goods passes to You once the Goods are Delivered.
10.2 Ownership of the Goods will only pass when cleared funds have been received from the Buyer in full, regardless of whether delivery has taken place.
10.3 Where You have decided to pay through Our finance options, ownership of the Goods will only pass to you in accordance with the terms of Your finance documentation.
12. Accuracy of Information:
12.1. We take great care to faithfully reproduce all descriptions & specifications as provided by the manufacturers, however, errors may occur. If you are in any doubt, we recommend that you contact our Customer Service team to discuss the item in more detail.
12.2. The illustrations and colours are representative only.
12.3. All sizes are correct according to the manufacturer’s specifications, subject to tolerance +/- 2 inches (5cm).
12.4. All items are subject to availability.
12.5. All details, specifications and prices are accurate at the time of publication, but may subsequently change. While we make every effort to ensure that the mattresses shown are as close as possible to the actual specification and size, there may be variations due to the nature of the medium.
12.6 We reserve the right to alter specifications as advised by the manufacturers.
12.7 Responsibility for checking the dimensions of your furniture, mattress or bed lies solely with You. We cannot be held responsible for customers ordering the incorrect size or not checking the dimensions before purchase.
12.8 The information on this website is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and (except as set out in term 14.4) makes no representation and gives no warranty as to its accuracy.
12.9 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
12.10 Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.
13. Events Outside Our Control:
13.1 We will 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);
- delays caused by one of Our suppliers.
- strikes, lock-outs or other industrial action;
- fire, explosion, storm, flood, snow or other natural disaster;
- 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 will have an extension of time to perform these obligations for the duration of that period.
14. Limitation of Liability:
14.1 We do not accept any responsibility for damage to Your property during Delivery other than damage due to Our negligence when Our liability is limited to Your direct costs to repair that damage.
14.2 Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods.
14.3 We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.
14.4 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.
17. Fraud Prevention:
17.1 We retain the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should We be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
17.2 For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.
17.3 A credit check is not performed, and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.