All prices are inclusive of any VAT. Our Goods are sold subject to its description and any Special Terms applicable to that particular item of Goods.  All images on the Website are for illustrative purposes only and the Goods may vary slightly from those images.  We take care to ensure that all details, description and prices of Goods appearing on the website are correct except that, the measurements of all Goods are approximate. Although we aim to keep the website as up to date as possible, the details, description and price of the Goods appearing on this Website at a particular time may not always reflect the accurate position when you place an order and we can’t confirm the price until we accept your order.

A contract for the sale of Goods by Us to You forms as follows:

You make an offer for the Goods by pressing the confirm button at the end of the order process.  This must be accompanied by a deposit of 20% (twenty per cent) of the total price of the ordered Goods (the ‘Deposit’) (including the delivery charge).  Authority for payment of the Deposit must be given when You place Your order.  

We will send you an automated order acknowledgment confirming the details but we have not accepted your order just yet.  All Goods shown on the Website are subject to availability but we will inform you as soon as possible if the Goods that you ordered are  unavailable;

We will accept your order by sending you an email (the ‘Confirmation’) at which point a contract is formed;

When the Goods become available We will contact you to arrange delivery of the Goods and to take payment of the outstanding balance due to Us.  Any balance can be settled by cash (only accepted in store), Switch/Maestro, Solo, Visa Debit, Visa Electron, Visa or Mastercard or direct credit to our bank (see the order acknowledgement for bank account details).  Any outstanding payments not covered by a credit agreement must be received by Us in full prior to dispatch of the Goods. 

We will take reasonable care to keep details of your order and payment secure, but in the absence of our negligence we can’t be held liable for your losses if a third party gains unauthorised access to any data you provided.

There are a lot of things on the website and some of them may be incorrectly priced.  If we find the price of the Goods you ordered are wrong we will inform you and give you the option of continuing to purchase them at the correct price or cancelling your order. We will not process your order without your instructions and if we can’t get hold of you we will notify you the order is treated as cancelled.  If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we don’t have to provide the Goods to you at the incorrect (lower) price.

We may terminate an order placed by you for Goods if:

the Goods are discontinued or unavailable from stock; or

we are unable to obtain authorisation from your bank or credit card company for payment of the Deposit for the Goods or any other sums under these Terms; or

We identify a pricing error; or

You fail within 14 days of being notified that the outstanding balance is due to us to either pay for the Goods in full or to enter into a credit agreement with us. 

If we are unable to supply any Goods, we are not liable to you but we will ensure that your Deposit for the particular Goods is refunded and that you are not subsequently charged for the particular Goods unless it is your fault that we cannot supply the particular Goods. 

Bespoke Goods

If you change your mind we won’t accept any notice of cancellation of orders for Bespoke Goods once you’ve received them.

Express Goods

We hope that you’ll be happy with Your Express Goods but if you want to cancel a contract for Express Goods for any reason you have the right to do so within 14 days without giving any reason.  The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Express Goods (or if the Express Goods are being delivered in separate lots or pieces, physical possession of the last lot or piece of Express Goods).  

To exercise the right to cancel, you must inform Stokers Limited at 277 Wennington Road, Southport, Merseyside, PR9 7TW of your decision to cancel this contract by a clear statement by a written letter sent by post.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you do cancel this contract, you’re entitled to receive a full refund and we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

If you do make a cancellation you must following such cancellation keep the Express Goods in your possession and take good care of them.  We will make a deduction from the reimbursement for loss in value of any Express Goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than:

14 days after the day we receive back from you any Express Goods supplied; or

(if earlier) 14 days after the day you provide evidence that you have returned the Express Goods; or

if there were no Express Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.  We may withhold reimbursement until we have received the Express Goods back or you have supplied evidence of having sent back the Express Goods, whichever is the earliest.

You shall return the Express Goods to Us at c/o Michael Garretts Unit B Westfield Business Park Long Road Paignton Devon TQ4 7AU in their original condition in secure packaging without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us.  The deadline is met if you send back the Express Goods before the period of 14 days has expired.  

You’re responsible for the direct costs of returning Express Goods to us unless they are defective or not what you ordered.  The cost is estimated at a maximum of approximately £200. 

For hygiene reasons mattresses, pillows and duvets cannot be returned once the protective seal has been opened, unless the Express Goods are faulty or not what you ordered.  This does not affect your warranty rights. 

We’re not liable for any defect in the Goods because of your drawings, designs or specification.

We are under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse or alteration or repair of the Goods without our approval or if the Goods are not paid for in full.  If we can pass a manufacturer’s warranty on to you we will.

All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Except in respect of death or personal injury caused by our negligence, and subject to your statutory rights We will not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for losses suffered by you whether indirect, special or consequential arising out of or in connection with the supply of the Goods and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

The risk in the Goods passes to you on delivery of the Goods to You or delivery of the Goods to any carrier acting on your behalf but title to the Goods shall not pass to you until the price of the Goods ordered is received by us in full. 

Our Liability

The website contains things from other websites or resources and while we try to be the best we make no promises in relation to that content.  If we’re told that something is wrong We will try and sort it out as soon as possible.  We can’t make promises that everything on the website will be up to date or accurate.  Where possible, we and those connected to us hereby expressly exclude all things which might be implied by the law and any liability for any direct, indirect or consequential loss or damage of any kind and however it happens incurred by any user in connection with the use or inability to use the website.  Clearly this does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.

Your Liability

Whenever you upload material to the website, or make contact with other users of the website, you will be liable to indemnify us for any direct and indirect losses and costs resulting from your breach of the following: 

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

interfering with any other person’s use or enjoyment of the website;

making, transmitting or storing electronic copies of materials protected by copyright without our permission.

You agree that we have the right to use, copy, distribute and disclose to third parties any material you upload to the website for any purpose and that we may disclose your identity to any third party who claims that material you posted or uploaded to the website constitutes a violation of their rights.  We will not be responsible, or liable to any third party in any way for materials posted by you or any other user of the website and have the right to remove it if, in our opinion it doesn’t comply with these standards.

Viruses, Hacking and Other Offences including Links

You must not knowingly introduce viruses, trojans, worms, logic bombs or other technologically harmful things to or attack the website and must not attempt to gain unauthorised access to the website, the server on which it is stored or any server, computer or database connected to it We will report any such breach to the relevant authorities and co-operate with them by telling them who you are and ban you from using the website.  We will not be liable for any loss or damage caused by someone else’s breach of this provision that may infect your computer or equipment due to your use of the website in any way.

You agree not to frame the website on any other website or create a link to any part of it other than the home page and reserve the right to withdraw linking permission without notice.  If you wish to use any other material on the website please get in touch.  Links to other websites and resources provided by third parties are provided for your information only.  We have no control over other website or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  

The online store on the website is available for non-commercial and domestic use only and we reserve the right to refuse orders from businesses.  We may update these Terms from time to time for any reason, any changes will be notified on this website and will apply from the time of the notice.  Your continued use of the Website indicates Your agreement to be bound by the new Terms.  The website itself may at any stage change but we shall not be liable to you for any modification or withdrawal of it.  

Although We will always aim to offer you the best service possible, we make no promise that We will meet your requirements and cannot guarantee a fault-free service.  If a fault occurs with the website just let us know and We will try and fix it as soon as possible.  Access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services but We will have things up and running again as soon as possible with no liability to you.  From time to time we may restrict you from accessing some or the entire Website.

The content of the Website and the material published on it is protected by copyright, trade marks, database right and other intellectual property rights. You may print one copy, and may download extracts, of any page from the website for personal reference and may draw the attention of others to it provided you keep intact all and any copyright and proprietary notices.  Your right to use the Website will cease immediately on breach of these Terms. The failure of either party to require performance of any provision hereof shall not affect its right to enforce such provision at a later time.  No waiver by either party of anything contained in these Terms shall be or deemed to be a further or continuing waiver.

No person not a party to these Terms shall have any rights in relation to them under the Contracts (Rights of Third Parties) Act 1999.

These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms.

All notices and communications required to be sent by you shall be made and sent by e-mail to [email protected] or first class post to 277 Wennington Road, Southport, Merseyside, PR9 7TW.  All notices and communications required to be sent by us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to us when you placed your order.  

If served notice shall be deemed to have reached the party to whom it is addressed on the next business day following the day of service. 

If any of these Terms are declared unenforceable the parties shall amend the relevant part to achieve the intention of the parties without illegality or at our discretion that part may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect. 

Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the sale of the Goods impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months. 

These Terms and the contract shall be governed by English law in every particular and any proceedings arising out or of in connection with the website or the order for Goods may be brought in any court of competent jurisdiction in England and Wales.