Terms & Conditions

Terms & Conditions

1. About us

This website is operated by two companies, both trading as Nimbus Beds. The company you contract with is confirmed at checkout and on your order confirmation.

Email us at contact@nimbusbeds.com. In these terms, "we", "our" and "us" mean whichever of the two companies is supplying your order.

Please read these terms before ordering. Nothing in them reduces or removes your statutory rights as a consumer, and where any term conflicts with those rights, your statutory rights take precedence.

2. How the contract is formed

You can order in person at either store, online through this website, or by telephone.

Your order is an offer to buy from us. We accept it when we issue an order confirmation, and the contract comes into existence at that point. If we can't accept your order we'll tell you and won't charge you.

We may decline an order where goods are unavailable, where we've identified an error in the price or description, or where we couldn't obtain payment authorisation.

3. Goods and descriptions

Photographs, swatches and images are for illustration. Fabric and timber are natural materials, and colour, grain and texture vary between batches and from the images shown. That variation isn't a defect.

Dimensions are approximate and subject to normal manufacturing tolerance. Please satisfy yourself that the goods will fit into your property, including through doorways, stairwells and landings, before ordering.

Bespoke goods are made to your specification. Once production has begun they can't be altered or cancelled, and the statutory cancellation right doesn't apply to them. We'll confirm the specification with you in writing before production starts — please check that confirmation carefully.

4. Price and payment

The price is the one shown when you order, or quoted to you in store or by phone. Prices include VAT. Delivery charges are additional and are set out on our Shipping & Delivery page.

If we find an error in the price, we'll contact you with the option of continuing at the correct price or cancelling. If we can't reach you, we'll treat the order as cancelled and refund anything paid.

You may pay in full, pay a deposit with the balance before delivery, or apply for finance. Where a deposit is taken, the balance is payable before delivery unless we've agreed otherwise in writing.

5. Deposits

A deposit secures your order and is applied against the total price. Deposits on bespoke goods become non-refundable once we've confirmed the specification and production has begun, because the goods can't be resold. Deposits on standard stock goods are refundable in line with your cancellation rights.

6. Paying by finance

Where finance is available, full details are set out on our Pay by Finance page. In summary: the credit agreement is between you and the lender, we are not the lender, the lender gives you the full terms before you sign, and cancelling your purchase does not automatically cancel your credit agreement.

We will never pressure you into taking finance, and choosing not to use it will never affect the price you pay or the service you receive.

7. Delivery and risk

Delivery arrangements, lead times and charges are set out on our Shipping & Delivery page, which forms part of these terms.

Goods remain at our risk until they are delivered to the address you gave us, at which point risk passes to you. This applies whether we deliver ourselves or a courier delivers on our behalf. Ownership passes to you once we've received payment in full, or once your finance agreement has been activated and funds released to us.

8. Faulty goods and your statutory rights

Under the Consumer Rights Act 2015 the goods we supply must be as described, fit for purpose and of satisfactory quality. If they aren't, you have statutory remedies which are additional to, and independent of, any warranty:

• Within 30 days of delivery you may reject faulty goods and obtain a full refund.
• After 30 days and within six months, you may require repair or replacement, and a refund if that is unsuccessful — which may be reduced to reflect the use you've had.
• After six months, the same remedies remain available, though you may be asked to show the fault was present at delivery.

Because we are established in Scotland, claims under Scots law may generally be brought within five years. Where the law of England and Wales applies, the equivalent period is six years. These are limits for bringing a claim, not a guarantee period.

How to report a fault is set out in our Warranties & Guarantees page.

9. Care and use

Beds and mattresses need a suitable, supportive base and correct use. Settlement of the fillings during the first weeks is normal and isn't a fault. Damage caused by misuse, inadequate support, unsuitable storage or failure to follow reasonable care instructions isn't covered. Full guidance is on our Warranties & Guarantees page.

10. Our liability

We're responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill. We aren't responsible for loss or damage that isn't foreseeable.

We don't exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for breach of your statutory rights in relation to the goods.

We supply goods for domestic and private use. If you use them for any commercial or business purpose, we'll have no liability for loss of profit, loss of business, business interruption or loss of business opportunity.

11. Events outside our control

We aren't liable for failure or delay resulting from events outside our reasonable control. If one occurs we'll contact you as soon as reasonably possible, and our obligations will be suspended for its duration. If the delay is substantial you may contact us to cancel and receive a refund for goods not delivered.

12. Your personal information

We use your personal information in accordance with our Privacy Policy. Where you apply for finance, we share the information needed to process that application with the lender.

13. Complaints

If something has gone wrong, please tell us. Our Complaints Policy sets out how to raise a complaint, who handles it and how long it takes.

14. General

If any provision of these terms is found unlawful or unenforceable, the rest continue in force. If we fail to insist that you perform an obligation, or delay enforcing our rights, that isn't a waiver of those rights.

We may transfer our rights and obligations to another organisation. We'll tell you in writing and will ensure your rights aren't affected.

We may revise these terms from time to time. The terms that apply to your order are those in force on the date you placed it.

15. Governing law

These terms are governed by the law of Scotland and you may bring proceedings in the Scottish courts. If you live in England, Wales or Northern Ireland, you may also bring proceedings in the courts of the country in which you live.