4.7 RETURNS POLICY
I. Email us at email@example.com to advise us that you would like to return an item, and explain your reasons.
II. Sleep-matters will email you (using the email address given at time of order) to inform you of what action to take and where to send the goods.
III. Sending the goods to the wrong depot/office will result in them being returned to you, at your cost.
IV. You must ensure you have packed the goods correctly
V. You must ensure you have addressed the goods clearly, including the senders (your) address
VI. You must arrange delivery with your chosen delivery company, excluding faulty items, incorrect items or any items that are part of a 60 day trial (Unless you opt for clause 4.8)
VII. The cost of returning the goods will be borne by the customer, excluding faulty items, incorrect items or as part of a 60 day trial.
VIII. Upon receipt of the returned goods we will check to ensure, the goods are unused, unsoiled, undamaged (including during transit) and in their original packaging
IX. We reserve the right to re-deliver to you, any item that is found to be soiled or damaged (including during transit) at your cost.
X. Once all the relevant checks have been made we will issue a refund of the outstanding amount or an exchange credit in line with our terms and conditions and returns policy
XI. Please allow 28 days from receipt of returned goods for any refunds or credits
4.8 Sleep-matters can supply any packaging materials you require at a cost of £49.00 (£75 for Super King mattresses)
4.8 Sleep-matters can arrange collection of any goods you wish to return at a maximum cost of £99.00* (Not including packaging materials) *£149 for Super King mattresses
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) No documents or related graphics on this Website are modified in any way;
(b) No graphics on this Website are used separately from accompanying text; and
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any Company or product logos
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2
9.1 To register with sleep-matters you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
10.3 All sizes are approximate
10.4 Items may differ to the images shown
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999
14. 60 DAY TRIAL
14.1 This 60 day trial is entered into by sleep-matters and you, the Customer. Once you have placed an order to receive any products on a 60 day trial basis you have been deemed to have accepted the following 60 day trial terms and conditions
14.2 The terms of this 60 day trial are in addition to our standard terms and conditions.
14.3 The 60 day trial is only available on selected mattresses and only for standard sizes.
14.4 The 60 day trial only applies to mattresses (Other products purchased at the same time or as part of a package do not qualify for the 60 day trial and will be charged for at the current selling price)
4.5 You can only take advantage of the 60 day trial for one item per household.
14.6 Your 60 day trial will commence on the date you receive the Products and end at 12.00 (midnight) on the 60th day following that date.
14.7 The 60 day trial is only available to residents of mainland UK, excluding Northern Ireland and all offshore islands.
14.8 You must inform us immediately if any product arrives in an unsatisfactory condition. If you fail to inform us within 3 working days you are deemed to have accepted the goods to be in perfect condition upon arrival
14.9 We will arrange to collect or exchange any products that arrive in an unsatisfactory condition as soon as possible, unless we agree for you to retain the products for the duration of the trial.
14.9 If you decide to change the size or specification of any products during the 60 day trial, the new products will not be eligible for the 60 day trial.
14.10 You must retain the original packaging, excluding any products that arrived vacuum packed. In the event you need additional packaging materials we can supply them as set out in clause 4.7
14.11 In the unlikely event that you are not satisfied with the Products in any way and want to return the products you must follow the Returns Policy (60 day trial only) as set out in clause 15.
14.12 All items purchased under the terms of the 60 day trial must be kept for the full 60 days. If you do not contact us to inform us you wish to return any item, in line with the returns policy during the trial period, we will be entitled to assume that you have accepted the Products unconditionally. You agree, if we have not heard from you at the end of the 60 day trial period, that we may treat your silence as unconditional acceptance of the Products being trialed.
15. RETURNS POLICY (60 Day trial only)
I. Email us at firstname.lastname@example.org within the 60 day trial to advise us that you would like to return the mattress at the end of the 60 day trial, including your reason for returning.
II. Sleep-matters will email you (using the email address given at time of order) to inform you of what action to take.
III. Sending the mattress back without sleep-matters agreement or to the wrong depot/office will result in them being returned to you, at your cost.
IV. You must ensure you have packed the goods correctly (Sleep-matters can supply packaging as set out in clause 4.7)
V. You must ensure you have clearly labelled the package with the senders (your) address
VI. Sleep-matters will arrange collection of the mattress on a mutally convenient date.
VII. Upon receipt of the returned goods we will check to ensure, the goods are, unsoiled and undamaged (including during transit)
VIII. We will not issue a refund for any item that is found to be soiled or damaged (including during transit) and we reserve the right to re-deliver to you, any item that is soiled or damaged at your cost.
IX. Once all the relevant checks have been made we will issue a refund of any outstanding amount which will equate to the cost price of the original item minus a £99.00 (£149 for Super King) to cover transportaton costs.
X. Products that form part of a package or gifts do not qualify for the 60 day trial and will be charged for at their current selling price.
XI. Please allow 28 days from receipt of returned goods for any refunds or credits