If the Customer establishes to Easy-fit Bedding's reasonable satisfaction that there is a defect in the Products or there is some other failure by Easy-fit Bedding in relation to the conformity of the Products with the Contract, then Easy-fit Bedding shall, at its option and at its sole discretion and within a reasonable time:
1. refund the Customer or replace such Products with products which are in all respects in accordance with the order; or
2. issue a credit note to the Customer in respect of the whole or part of the price of such Products (and reasonable costs incurred by the Customer returning such Products) as appropriate having taken back such Products. The liability of Easy-fit Bedding under this Condition shall in no event exceed the purchase price of such Products and the reasonable postage /delivery costs incurred by the Customer returning the defective Products; and performance of any one of the above options shall constitute an entire discharge of Easy-fit Bedding's liability.
This Condition shall not apply unless the Customer:
1. notifies Easy-fit Bedding of the alleged defect within 30 days of receipt of the Product/s; and
2. affords Easy-fit Bedding a reasonable opportunity to inspect the relevant Products.
If Easy-fit Bedding elects to replace the Products pursuant to this Condition, it shall deliver the replacement Products to the Customer at its own expense at the address to which the defective Products were delivered. Such delivery will be made only after the Customer has returned the defective Products to Easy-fit Bedding. The legal title to the defective Products which are being replaced shall (if it has vested in the Customer) re-vest in Easy-fit Bedding and the Customer shall make any arrangements as may be necessary to deliver up to Easy-fit Bedding the defective Products which are being replaced by Easy-fit Bedding.
Easy-fit Bedding shall be under no liability under the warranty in this Condition:
1. in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Easy-fit Bedding's or the manufacturers instructions whichever is appropriate (whether oral or in writing); or
2. if the total price for the Products has not been paid by the due date for payment; or
3. in respect of any type of defect or damage specifically excluded by Easy-fit Bedding by notice in writing; or
4. if the Customer makes any further use of the Products after giving notice in accordance with this Condition; or
5. if the Products are not returned with the original relevant delivery documentation and in their original packaging.
Bespoke Products cannot be returned unless defective as above.
For returns of standard Products other than those that are defective, Easy-fit Bedding shall also replace these provided that:
1. they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer's expense;
2. they have not been used and are in a re-saleable condition; and
3. the Customer returns the Product/s to Easy-fit Bedding within seven (7) days from the date of delivery of such Product/s. Easy-fit Bedding shall make a charge of 15% of the value of the Products as a contribution to the cost of handling and re-stocking and shall charge for any delivery of replacement products at the prevailing delivery charge rates.