Terms Of Use

Contents

• Our details
• Your responsibility for others who access our website using your device or internet connection
• Other documents governing your use of our website
• Availability of our website
• Changes we may make to these Website Terms of Use
• Your account details
• Ownership of material on our website
• Information and content on our website provided on non-reliance basis
• Permitted use of materials on our website
• Prohibited uses of our website
• Viruses and other harmful content
• Links to other websites
• Links to our website
• EXCLUSIONS AND LIMITATIONS OF LIABILITY
• INDEMNIFICATION
• DISCLAIMERS
• AGE RESTRICTIONS ON USE OF OUR WEBSITE
• Governing law and jurisdiction
• Copyright, credit and logo

1. Our details

1. Flair Furniture Ltd trading as Bedkingdom (we, our and us) operates the website.

2. Flair Furniture Ltd is a limited liability company incorporated in England and Wales (company number 7536751). Our registered address is Bedkingdom, Oldfield Lane, Heckmondwike, WF16 0JD. Our VAT registration number is 121713455. Bedkingdom is a trading name of Flair Furniture Ltd. We are authorised and regulated by the Financial Conduct Authority (FCA) and our registration number is 660675.

3. Our address is Bedkingdom, Oldfield Lane, Heckmondwike, WF16 0JD. Our company registration number is 7536751. Bedkingdom is a trading name of Flair Furniture Ltd.

4. Our contact telephone number is 01924 950108 and our contact email address is support@bedkingdom.co.uk.

2. Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Website Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Website Terms of Use. If for any reason whatsoever, such persons do not agree to these Website Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

3. Other documents governing your use of our website

1. In addition to these Website Terms of Use, your use of our website is also governed by the following documents:

a) Our privacy policy, which is available at https://www.bedkingdom.co.uk/privacy. Our privacy policy governs our use of your personal information.

b) Our cookies policy, which is available at https://www.bedkingdom.co.uk/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website.

c) Our Customers Terms and Conditions, which are available at https://www.bedkingdom.co.uk/terms. Our Customer Terms and Conditions govern any purchases or orders you make for goods or services on our website.

4. Availability of our website

1. We make no representations and provide no warranties that:

a) the website will be made available at any specific time or from any specific geographical location;

b) your access to the website will be continuous or uninterrupted; or

c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

2. We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

3. Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

5. Changes we may make to these Website Terms of Use

1. We reserve the right to update these Website Terms of Use from time to time for any reason. We will do so by updating this page and changing the effective date stated at the top.

2. By continuing to access our website after we have updated our Website Terms of Use, you agree to be bound by the updated version.

3. You must check these Website Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

6. Your account details

1. If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

2. Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

3. You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

4. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Website Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

5. If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at support@bedkingdom.co.uk.

7. Ownership of material on our website

1. All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

2. Bedkingdom Wordmark UK00002648642 and UK00003031381 Logo are registered trademarks of Flair Furniture Ltd.

3. The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Website Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Website Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

8. Information and content on our website provided on non-reliance basis

1. Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Website Terms of Use.

2. The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

3. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

9. Permitted use of materials on our website

1. The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

2. Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

3. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of or automated analysis of any data or content from our website without our prior written consent. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

4. Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

10. Prohibited uses of our website

1. You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Website Terms of Use.

2. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

3. You must use our website for lawful purposes only and in accordance with these Website Terms of Use. You must not use our website:

a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

b) for any fraudulent purposes whatsoever;

c) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content; or

d) in any way or for any purpose that breaches these Website Terms of Use or the terms of any of the documents these Website Terms of Use refer to.

11. Viruses and other harmful content

1. We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

2. We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

3. You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

4. You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

5. You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

6. You must not attempt to perform any denial of service type attack on our website.

7. You must not perform any action which would contravene the Computer Misuse Act 1990.

8. We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

12. Links to other websites

1. Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

2. Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

13. Links to our website

1. We agree to you linking to https://www.bedkingdom.com as long as you do so in a way that is not-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. It must not be defamatory or disparaging towards us, misrepresent our business or otherwise cause any harm whatsoever to our business.

2. You also must also not link to our website in a way that suggests any form of approval or endorsement by us where none exists. Our website must not be framed on any other site without our permission.

14. EXCLUSIONS AND LIMITATIONS OF LIABILITY

1. Whether you are a consumer or a business user:

a) 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 and for fraud or fraudulent misrepresentation.

b) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and services to you, which are set out in our Customer Terms and Conditions.

c) We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

2. If you are a business user:

a) We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

c) In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

15. INDEMNIFICATION

1. If you are a business customer, you agree to defend (at our request), indemnify and keep indemnified, and hold us harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal fees that we suffer or incur, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

1. your use of the website;

2. your breach or alleged breach of these Website Terms of Use;

3. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

4. any misrepresentation made by you.

2. You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

16. DISCLAIMERS

1. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

1. THE WEBSITE CONTENT;

2. SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

2. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE WEBSITE TERMS OF USE.

17. AGE RESTRICTIONS ON USE OF OUR WEBSITE

1. Our website and any products or services available on or via the website are not intended for purchase by individuals under the age of 18.

2. IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.

18. Governing law and jurisdiction

1. These Website Terms of Use, and any disputes arising from or in relation to them, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

2. The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Website Terms of Use. However if you are a consumer, and you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in (instead of in the English courts, should you wish to). We can claim against you in the courts of the country you live in.

19. Copyright, credit and logo

1. The copyright in these Website Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

2. The Website Terms of Use are broadly based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org

3. Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.