Terms & Conditions
Thank you for visiting the sleepcheaper.co.uk website.
Please read the following terms and conditions carefully
to ensure you are completely satisfied before making a
purchase.
These terms and conditions apply to the use of this website
at www.sleepcheaper.co.uk by accessing this website and/or
placing an order, you agree to be bound by these terms
and conditions.
The www.sleepcheaper.co.uk website is operated by sleepcheaper.co.uk
1. INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas
of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time
by updating this posting. You should check this Website
from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions
of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular
pages of this Website. If you do not wish to accept any
new terms and conditions after we have given notice, you
should not continue to use this Website.
2. PLACING AN ORDER WITH SLEEPCHEAPER.CO.UK
2.1 You are deemed to place an order with us by ordering
and paying for your goods over the telephone or via our
online checkout process. As part of our checkout process
you will be given the opportunity to check your order
and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch
the order. When we despatch the order the purchase contract
will be made even if your payment has been processed immediately,
unless we have notified you that we do not accept your
order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your payment;
(c) If there has been a pricing or product description
error; or
(d) If you do not meet any eligibility criteria set out
in our terms and conditions.
3. PRICING
3.1 Our prices are reviewed on an ongoing basis
4. CANCELLING AN ORDER FROM SLEEPCHEAPER.CO.UK
4.1 Before placing an order please make certain that
you have selected the correct products. Once you have
placed an order with us we will have been deemed to have
‘started processing your order’.
4.2 By law you have the right to cancel your order before
you receive the product, or return it to us within 7 days
of receiving it, provided it is unused, unsoiled, undamaged
and in it’s original packaging. Sleepcheaper has
extended this period to 14 days, as we believe it to be
a more realistic timeframe for the customer
4.3 If you decide to return any product for any reason
other than, faulty goods, incorrect goods or as part of
a 60 day trial, the cost of returning goods to us and
any packaging that is required shall be borne by you.
You will also incur an administration and restocking charge
of up to 20% of the total order value. When returning
any goods you must comply with our returns policy as set
out in clause
4.4 You can return goods you have ordered from us for
any reason at any time within 14 days of receipt for a
refund or exchange, in line with our terms and conditions
and returns policy.
4.5 The rights to return the goods to us as referred
to in clause 4.3 and 4.4 will not apply in the following
circumstances: -
I. In the event that the product has been used (excluding
as part of a 60 day trial)
II. If the original packaging is not intact (excluding
as part of a 60 day trial)
III. If the product or packaging has been damaged in any
way (including during transit)
The provisions of this clause 4.5 do not affect your statutory
rights.
4.6 RETURNS POLICY
I. Email us at returns@sleepcheaper.co.uk to advise us
that you would like to return an item, and explain your
reasons.
II. Sleepcheaper 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
4.7 Sleepcheaper can supply any packaging materials
you require at a maximum cost of £49
4.8 Sleepcheaper can arrange collection of any goods
you wish to return at a maximum cost of £99 (Not
including packaging materials)
5. LICENCE
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
7.1 Other than personally identifiable information, which
is covered under the Privacy Policy material you transmit
or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be
free to copy, disclose, distribute, incorporate and otherwise
use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial
or non-commercial purposes.
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 logo's;
(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. REGISTRATION
9.1 To register with sleepcheaper 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. DISCLAIMER
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. LIABILITY
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. MISCELLANEOUS
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 sleepcheaper.co.uk
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 toppers and only for standard sizes.
14.4 The 60 day trial does not apply to any other product
except pillows that are delivered with a standard size
mattress or topper.
14.5 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 returns@sleepcheaper.co.uk within the
60 day trial to advise us that you would like to return
an item, and explain your reasons.
II. Sleepcheaper 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. Sleepcheaper will arrange for collection of any item
you wish to return.
VII. Upon receipt of the returned goods we will check
to ensure, the goods are, unsoiled and undamaged (including
during transit)
VIII. 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.
IX. Once all the relevant checks have been made we will
issue a refund of the outstanding amount which will equate
to the total purchase price minus a fixed delivery charge
of £99
X. Please allow 28 days from receipt of returned goods
for any refunds or credits |