Terms and Conditions
Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on our website www.mattresstime.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" in our shopping cart if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.
INFORMATION ABOUT US
1. www.mattresstime.co.uk is a site under company number 4981075 and with our registered office at Home Furnishings, Rapyal Business Park, Dewsbury Road, Cleckheaton. BD19 3RU. Our VAT number is 809287405.
1. Our site is only intended for use by people resident in the United Kingdom. We currently do not accept orders from individuals outside those countries.
1. By placing an order through our site, you warrant that:
1. You are legally capable of entering into binding contracts;
2. You are at least 18 years old; and
3. You are resident in the United Kingdom
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods.
2. If the Goods you have ordered are not available or discontinued, or if we are unable to deliver them to you within 60 days, we shall inform you of this. In this event, no Contract shall have been formed between you and us.
3. If we are unable to supply the Product and payment has already been made by the buyer, then the buyers account will be refunded or re-credited with the sum paid by the Buyer. The Seller will not be obliged to offer any compensation for disappointed suffered.
THIRD PARTY SELLERS
1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in Clause 10 below).
2. To cancel a Contract, you must inform us in writing. You must make the Goods available to us for collection and during this time keep the Goods in the same condition in which you received them. You may not use the Goods. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3. If a customer wishes to cancel after receiving goods, for reasons of change of mind, incorrect goods ordered, wrong size, wrong colour choice, do not fit for any reason, then there is a £55 collection fee and £29 re-delivery fee of correct item.
4. You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.
5. If you have entered into an agreement under which fixed sum credit is granted by us (or by another person under an arrangement between that person and us) to fully or partly pay the Contract price ("Related Credit Agreement"), then your notice to cancel the Contract will also cancel the Related Credit Agreement.
6. Please be aware that images of our products on our website are for illustration purposes only. Any item that is not a bed or the specified product in the product description on the web page, or that appears in any photograph or illustration on the website will not form part of this contract. An example of such things are lamps, bed covers, pictures and in certain instances headboards (unless previously mentioned in product description).
RISK AND TITLE
1. The Goods will be at your risk from the time of delivery pursuant to clause 9 and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time we tendered delivery of the Goods.
2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
PRICE AND PAYMENT
1. The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where correct price is less than our stated price; we will charge the lower amount when dispatching the Goods to you. If a correct price is higher than the price stated on our site, we will normally, a tour discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
4. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a misprice.
5. Payment for all Goods must be by credit or debit card. We accept payment made with all major credit/debit cards, with the exception of American Express. Your credit or debit card will be charged at the time the order is made.
Next Day Delivery Items - When you order a next day product you have an option to choose your delivery date, all delivery dates and times are given in good faith but are approximate, the company will use best endeavours to ensure that the goods ordered for next day delivery by the customer do arrive the next working day, however since many of the factors that affect the date and time of deliveries are outside the direct control of Mattress Time, the company cannot and does not guarantee next day delivery and at a specified time.Goods will be delivered on the date chosen; delivery times are between 7am and 9pm. Unfortunately we are unable to give a more accurate delivery time on our next day delivery products. If you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please be aware that this service is a one man delivery only.
On all next day deliveries items, certain postcodes cannot be guaranteed on a next day delivery service and may take up to three days. These are as follows: AB,BT, IV, PA, KW, FK, and PH.
If your order consists of a bed frame and a mattress these may be delivered at separate times and on separate vehicles. This can be due to the goods being dispatched from separate depots.
Please understand that the delivery company that offer a 'next day' service are not insured to enter private premises. Please be aware that if you purchase a mattress on a 'next day' delivery and require assistance with the positioning of the product, you must arrange the assistance yourself.
Unfortunately we do not deliver to any off shore Islands. We only deliver to mainland Britain.
Three Day Delivery Items - When you order a 3 Day delivery product you will be contacted within three working days to confirm a suitable delivery date. If you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only.
In Stock Items - When you order an In Stock item, the delivery lead time is approximately 5-10 working days. You will be contacted within this time to arrange a suitable delivery date and time.
Normal Deliveries - Normal deliveries relate to products which have to be ordered from the manufacturers. These are subject to the manufacturer lead times as stated on our website. You will be contacted within this lead time to arrange suitable delivery date and times. Lead times are estimates only and may vary.
Saturday Deliveries - Delivery time for a Saturday delivery time is between 7am and 9pm. If you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please note this service is a one man delivery only.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 60 days of the date of the Order Confirmation, unless there are exceptional circumstances.
Unless otherwise agreed in writing by You and Us, the delivery of the Goods will take place at the address you have specified in the order (if the Goods are to be delivered to another address other than the registered cardholder address, proof of address will be required).
Provided that we deliver the Goods to the address you have specified in the order (or any other address agreed by us in writing) then the Goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you (or is a person authorised by you to accept delivery of the Goods).
Any dates and times quoted for delivery of the Goods are approximate only. The Goods may be delivered to you in advance of any estimated delivery time, giving you reasonable written notice.
Goods delivered by us or by a third party contracted to undertake delivery on our behalf are delivered only to the inside of your doorstep. If you’re quest that Goods are taken inside your property, or request any assistance with moving or assembly of items, then we or any third party contractor shall not be held liable or responsible for any damage to carpets, fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur. It is at the customer's risk. Such an action is undertaken solely on your individual responsibility. Please note that any claims for damages arising from the above must be claimed with the buyers own insurance. Mattress Time will not be held liable.
Please note that all the above deliveries are subject to good road/weather conditions. We cannot be held be held responsible for road closures, accidents and adverse weather conditions, that delay your delivery.
When a delivery date has been arranged with the customer and our delivery team arrive and the Buyer is not present to receive delivery, the Seller reserves the right to charge the Buyer a minimum of £29 to cover the cost of the failed delivery.
Please note that if you request a call prior to delivery, this cannot be guaranteed. Our delivery times as outlined above.
Delivery without a signature − Please be aware that Mattress Time and our delivery teams require a signature at time of delivery. However, if you are unable to be present at time of delivery and you request the goods to be left with a neighbour or in a safe place, Mattress Time will do so with the presence of a signed note from the customer stating to that effect. Upon delivery, the driver will take the note as proof of doing so. If goods are left at customers request and upon returning to the property find that the goods are not present, Mattress Time will not be held liable or responsible. This is undertaken at the risk of the customer.
Please note that many of our products/furniture is flat packed for home/self assembly. It is the responsibility of the customer to assemble the items or arrange for a competent third party to do so at their own expense.
Please be aware that Mattress Time will not be liable to pay any form of compensation for late or failed deliveries. This also includes time taken off work to accept delivery or loss of income for rental properties.
If you are purchasing a replacement bed or mattress, Mattress Time strongly recommend that you do not dispose of your old items until delivery of the new goods has been made.
OUR REFUNDS/RETURNS POLICY
If you are asking for a refund because you have cancelled the contract between us within the fourteen-day cooling-off period (see clause 6 above) either by email or writing, we will process the full refund due to you as soon as the goods has been recieved. The goods must be unused and in the original packaging and must be returned to us on your own courier within 14 days of the cancelation notification.
If the product is a special size or custom made then we cannot accept a return request.
For any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that an item is defective pursuant to clauses 12 below), we will collect the item free of charge as soon as practicable, examine it and notify you of your refund via e-mail within a resonable period of time. Goods returned by you because of a defect will be refunded in full, including a refund of any delivery charges for sending the item to you. we will usually process the refund due to you as soon as possible and in any case within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Unwanted goods/wrongly ordered:
If you are asking for a refund because the item is unwanted or wrongly ordered you must submit a cancelation request within the fourteen-day cooling-off period either by email or writing, we will process the full refund due to you as soon as the goods has been received. The goods must be unused and in the original packaging and mus tbe returned to us on your own courier within 14 days of the cancelation notification.
The items will not be accepted if they are not safely or sufficiently packed. If items that have been delivered flat packed and once assembled you decide they are no longer required. The items must be disassembled and packaged properly.
Any mattresses received that are vacuum packed (rolled up), if you find that the mattres is not suitable and require a refund or exchange you must submit a cancelation request within 14 days of receiving the goods and then return the mattress in its original packaging in a un-used state on your own courior within 14 days of your cancellation request.
If upon delivery the goods you have ordered are unable to fit in your property or upstairs, unfortunately Mattress Time cannot be deemed liable. If you find that the item is not suitable and require a refund or exchange you must submit a cancelation request within 14 days of receiving the goods and then return the item in its original packaging in a un-used state on your own courier within 14 days of your cancellation request.
Damaged or Faulty goods:
Items received damaged must be reported within 24hrs - 48hrs of receipt of goods. In all cases goods must be repackaged sufficiently in order to collect or exchange. Please check all packages before signing "received in good condition".
Please contact us to arrange collection. This form must be placed in an envelope and taped securely to the outside of one of the boxes.
Returned items must be sent accompanied by return note number.
CUSTOMER CARE/AFTER SALES
Please note all after sales queries regarding any issues relating to damage/defects of items received, must be put in writing either by post or email.
If a product is damaged, in order to identify the damaged part correctly, we will request images of the damage and packaging in order to resolve the situation quickly and efficiently.
If it is deemed that the damage is due to misuse, we will not be deemed liable to replace/repair the damaged item.
Misuse of bed frames with centre rails and support legs − Please note that purchases of bed frames that have centre rails and support legs there must be a 5mm gap left between the support legs and the floor. Also, it is recommended that a non slip pad/castor cup is placed under each leg/foot if the bed frame is being placed on a wooden/laminate floor. This is to help prevent the legs from slipping and damaging the centre rail.
If moving a bed frame with support legs, you should lift the frame rather than drag it as the centre support rail and legs will collapse. This will be classed as misuse and no further action will be taken by Mattress Time.
SIZES - Please note the following sizes - 3ft/090cm = Single, 3ft6/107cm = Large Single, 4ft/120cm = Small Double, 4ft6/135cm = Double, 5ft/150cm =King Size (sometimes known as Queen Size), 6ft/180cm = Super king. Please be aware that sometimes King size may be labelled up as Queen Size. This depends on where the product was manufactured.
We warrant to you that Goods purchased from us through our site are of satisfactory quality and reasonably fit for the purpose for which Goods of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
We will endeavour to transfer to you the benefit of any manufacturer's warranty or guarantee given to us.
Subject to Clauses 13.3 and 13.4 below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery.
We shall not be liable for a breach of warranty as set out in Clause 13.2, unless
You give us written/email notice of the defect within 7 days of the time you discover the defect.
You may be asked to provide images of the defect/damaged goods.
We shall not be liable for a breach of the warranty in Clause 13.2
If you make any further use of such Goods after giving notice of the defect to us; or
If the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse or your failure to follow our oral or written instructions as to the storage, assembly or use of the Goods; or
You alter or repair the Goods without our prior written consent.
If any of the Goods do not conform to the warranty, then within 30 days of collecting the defective Goods, we will at our option:
Repair or replace such Goods (or the defective part) free of charge; or
Refund the price of such Goods in accordance with clause 10.
SUSPENSION OF FUTURE DELIVERIES
We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately, if you:
Have a bankruptcy order made against you or make an arrangement or composition with your creditors;
Convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
Have a receiver and / or administrator or administrative receiver appointed;
Pass a resolution of is served with a petition for the winding up of or for the granting of an administration order in respect of you;
Have proceedings issued against you in relation to your insolvency or potential insolvency;
Suffer or allow any execution to be levied on your property or obtained against you;
Fail to observe or perform any of your obligations under the Contract or any other contract between us and yourself;
Are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
Cease to trade; or Encumber or in any way charge any of the Goods.
If we find that any transactions have been placed fraudulently.
Applicable laws require that some of the information or communications we send to you should be in writing/email. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mattress Time Limited either by email or post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of roads, railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you),or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
We own the copyright in and operate this website. Any photographs displayed on our website have been reproduced by us with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit or distribute any material from this website in any way without our express written permission. All trademarks, service marks and trade names are our property (or are used with the permission of the trademark owner).Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
PRIVACY AND SECURITY POLICY
We are registered as Data Controller in accordance with the terms of the Data Protection Act 1998.
You may visit this website and access the public information while remaining anonymous and not revealing any personal information.
If you wish to make an online purchase from us, then you will be required to provide certain personal information as a prerequisite of being able to place an order. We will only ask you for as much information as we need to process your order and perform the Contract. That information will be:
Retained by us for as long as it is needed to perform the Contract; and
Kept secure in accordance with the requirements of the Data Protection Act 1998.
We shall not transfer any of your information outside of the European Economic Union.
You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
At the time of placing your Order you give your consent to us to contact you by electronic mail in relation to the supply of the Goods.
When placing an order you have the opportunity to specifically allow us to provide you with details of products which we consider to be of interest to you by ticking a corresponding box. If you do not give your consent, then we will not send you any such information. If at any time you wish to withdraw your consent, you should notify us immediately in writing.
In accordance with our security policy, we will use all reasonable endeavours to ensure that:
Our ordering system is on a secure server and is encrypted to prevent any security breach;
Any information you send to us (personal information or credit card details) is kept secure and cannot be intercepted by a third party; and
Any equipment at our business address is kept secure to avoid any tampering or unauthorized use of your information.
LAW AND JURISDICTION
Contracts for the purchase of Goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with Sage Pay, to confirm your identity. Sage Pay will check any details we disclose to them against any data bases (public or private) to which they have access and will keep a record of that check.
Sage Pay will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions.
In summary we are committed to protecting your privacy. We use the information we collect on the site to make shopping at www.mattresstime.co.uk possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others.