Handcrafted in the UKUSAGE OF WEBSITE TERMS
By browsing this
website, you are agreeing to comply with and be bound by the following terms of
use, which govern Sleep Express’s relationship with you in relation to this
website.
DEFINITIONS
The term ‘Sleep Express’ or ‘us’ or ‘we’ refers
to the owner of the website, Sleep Express Ltd.
Full company details are set out at the end of these terms of use.
"the
company" shall mean Sleep Express Ltd whose trading address is 20-22
Wenlock Road, London, England, N1 7GU. Registered in: England (09845684).
"the
customer" shall mean any person or persons, firm, business, partnership,
company or other organisation by whom or on whose behalf an order is placed for
the company to supply the goods
"the goods"
shall mean any goods, item, or items supplied by the company to the customer
following a contract having been entered into between the company and the
customer. This shall include, where appropriate, all replacements thereof and
additions thereto
"the
premises" shall mean the delivery location address as nominated by the
customer and advised to the company at the time an order is placed by the
customer with the company. The company will only deliver to and enter into a
contract with a customer where the premises are in England, Scotland (selected
areas only, please ask to confirm), or Wales
"the price"
shall mean the price for the goods as detailed on the website
"force
majeure" shall mean an event which occurs outside the company's control
"company's
literature" shall mean any document (whether in print or electronically
produced) as prepared from time to time by the company, and including, but not
limited to, catalogues, pricelists, and brochures
"website"
shall mean the website of the company being the website address www.sleepexpress.co.uk
USE AND CHANGES TO TERMS OF THIS WEBSITE
•
Our
Privacy Policy, which sets out the terms of which we process any personal data
we collect from you, or that you provide to us. By using our website, you
consent to such processing and you warrant that all data provided by you is
accurate; and
•
Our
Cookie Policy, which sets out information about the cookies on our website.
We may revise these
terms of use at any time by amending this page. Please check this page from
time to time, as any changes made will be binding on you.
We may update the
content on the website from time to time. We do not guarantee or make any
warranty that the website, or any content on it, will be free from errors or
omissions, nor that the content is accurate, complete or up to date.
GENERAL
The price detailed on
the website or in the company's literature provided by and/or supplied by the
company shall be valid until such time as the price shall be amended or varied
either by a change to the website or by publication of new or amended company's
literature.
Notwithstanding and
without prejudice to the clause above, the company reserves the right to amend
any price for any goods at any time, including at the time of order at the
company's sole discretion and without being responsible for any form of loss.
All prices detailed
on the website or in the company's literature are inclusive of delivery where
an order by a customer for any good or goods shall be in excess of £499.00. In
the event of any order by a customer for any good or goods of an amount less
than £499.00, an additional charged shall be raised for the company to deliver
the goods to the customer's premises.
The company reserves
the right to withdraw any of the goods for sale at any point (whether before or
after contract) at the company's sole discretion and without being responsible
for any form of loss.
Where any variation
to a contract is subsequently agreed by the company, the company reserves the
right to amend the price and/or the contract accordingly.
Any typographical or
clerical error or omission on the website or in any quotation, order,
acceptance, invoice, or the company's literature issued by the company shall be
subject to correction without any liability on the part of the company at
whatever time and whenever such a correction shall be necessary.
Whilst the company
shall endeavour to ensure that the details on the website or in the company's
literature are accurate, at all times, all drawings, specifications,
photographs, colours, weights, and information detailed in the company's
literature or the website or elsewhere relating to the goods are approximate
only and do not form part of the contract. The company shall not be held
responsible for any variation of the same nor have any liability in respect
thereof. Where divan beds are shown with headboards these are for illustration
purposes only. Headboards may be available at extra cost.
We reserve the right
to amend the specifications of any product featured on this website. The colours of our products are displayed as
accurately as possible and all dimensions supplied by us are approximate.
PRICE
The customer agrees
to pay the price to the company.
Should the company be
prevented from adhering to the delivery date by the customer's postponement or
delays (of whatever nature and howsoever arising) then the company reserves the
right to amend the price to reflect any extra costs incurred to the company
thereby. In particular, in the event that the company is unable to effect
delivery on the date notified to the customer, as a result of the customer not
making necessary arrangements to enable the delivery to be properly effected,
and as such a different date for delivery has to be made, the delivery cost
will be levied to the customer and added to the contract price. If the order is
cancelled, the customer will be liable for the full delivery costs accrued.
All prices quoted on
the website or in the company's literature are inclusive of value added tax
and, where applicable, of any substitute taxes, levies, duties, imports, fees,
or charges whatsoever and howsoever payable.
All invoices shall be
issued by the company to the customer upon receipt of order.
DELIVERY
It
is imperative to stick to agreed delivery dates as failure to accept or miss
delivery on the agreed delivery date will incur a charge of £27.99 for
redelivery.
It
is not our responsibility to take the item beyond the ground level of any
building i.e. apartment blocks. If you require assistance with this, then a
further charge will take place due to appointing a specialist courier service.
Please call for a quote and further information on this matter.
All
Scotland addresses will incur a further charge of £39.99. We do not deliver to
certain post codes in Scotland, please email your address to info@sleepexpress.co.uk before
placing any orders to check if we will deliver at a charge or we will not
deliver at all.
In consideration of
the payment of the price by the customer to the company, the company shall
deliver the goods to the customer on a date to be notified, and, wherever
possible, agreed with the customer.
The company shall
endeavour to make delivery of the goods within 28 days of the date of the
contract. However, the company shall not be liable for any penalty, loss,
injury, damage, or expense arising from any delay or failure in delivery or
performance of the contract from any cause at all, nor shall any such delay or
failure entitle the customer to refuse to accept any delivery under the
contract, performance of the contract, or to repudiate the contract.
All dates quoted or
provided by the company for the delivery are approximate only and although the
company shall use its best endeavours to supply the goods within the time scale
of 28 days, or any other timescale notified by the company to the customer,
time shall never and not be of the essence at any point. The company shall not
incur any liability whatsoever for failure to supply or deliver goods by any
given or such date or dates.
Delivery of the goods
shall be effected by the company arranging transportation of the goods to the
customer's premises.
The company may at
the company's sole discretion subcontract the performance of the delivery in
whole or in part. The choice of carrier in order to effect delivery shall at
all times be the company's and the customer shall raise no requisition in
relation to the same.
Delivery of the goods
may take place separately and on a piecemeal basis.
The customer warrants
in entering into the contract to ensure that adequate access is available to
the premises to enable the company to deliver the goods and in the event it is
not, the company shall be at liberty to deliver the goods to the closest point
of accessibility which shall be determined by the company, employees, servants
or agents at their sole discretion and the customer shall raise no objection or
requisition thereto.
The customer shall
carefully examine the goods upon delivery and shall notify the company of any
shortages or defects reasonably discoverable upon careful examination and
sign the delivery notes with the relevant damages. Such notification shall
be made in writing and must be received by the company within 48 hours,
commencing with the date of delivery. In the absence of such notification, the
company excludes all liability in respect of any defects or shortages. Any
goods which the customer believes are damaged or defective must be retained
together with the packaging for inspection by or on behalf of the company.
If the company shall be satisfied that the
goods are satisfactory and are as detailed in the contract, and are not damaged
or defective then the contract shall be deemed to have been fulfilled insofar
as the company's obligations under the contract are concerned.
’30
Relaxed Nights Exchange’
The Sleep Express ’30 Relaxed Nights
Exchange’ is offered as an additional service to our customers to underline our
commitment to providing a great night's sleep.
The ’30 Relaxed Nights Exchange’ allows for the replacement of a
mattress if the Buyer finds their original purchase to be of the wrong comfort
level for them.
It can be
used at any time but must be requested before 30 nights have lapsed from
delivery of the original product.
If the Buyer decides their choice of mattress
is proving uncomfortable, they may re-select to an alternative mattress of the
same size. In the event that a higher priced alternative is selected, then any
difference in price must be paid at the time of re-selection. We are unable to
refund any difference in price if a lower priced product is selected.
Re-delivery charges
will be applied and ’30 Relaxed Nights Exchange’ are limited to one exchange
per product ordered.
All we ask
is that the original mattress must be kept in good condition (not marked,
mis-used or soiled in any way) so we insist on the use of a mattress protector.
Please
note: The ‘30 Relaxed Nights Exchange’ does not apply for orders placed through
third parties such as Wowcher, Living Social, Wayfair etc.
RETURNS
PROCEDURE
Please contact us
within 7 days of delivery to let us know you wish to return any items. We will
need to know your order reference, the model name and size of the model you are
returning and the date you ordered.
You may deliver the
goods back to our warehouse or alternatively we can arrange collection at a
minimum cost of £50 which we will deduct from the refund.
Please note this
returns policy does not apply to items that have been specifically tailored to
your requirements or special order items which cannot be returned.
ACCESS TO THE WEBSITE
We do not guarantee
that the website, or any content on it, will always be available or be
uninterrupted. We may suspend, withdraw, discontinue or change the website
without notice to you and we shall not be liable to you if the website is
unavailable for any period.
INTELLECTUAL PROPERTY RIGHTS
We own or are the
licensee of the intellectual property rights in the website and the material
published on it. You are not permitted to use the information or other material
on this website other than for its intended purpose of providing background and
general information about us and our products.
You may not include a link to our website, or display contents of our
website surrounded by or framed or otherwise surrounded by material not
originating from us for use without our consent.
You must not use any
part of the content on the website for commercial purposes without obtaining a license
to do so from us or our licensors.
FORCE MAJEURE
The company shall be
entitled, without liability on its part, and without prejudice to its other
rights, to terminate the contract or any unfulfilled part there, or, at its
option, to suspend or give partial performance under it, if performance by the
company or its suppliers is prevented, hindered, or delayed whether directly or
indirectly by any reason or any cause whatsoever beyond the company's or its
supplier's reasonable control, whether or not such cause existed on the date
when the contract was made. Non-exhaustive illustrations include act or acts of
God, war, strike, delay by suppliers, and shortage of materials, labour, or
manufacturing facilities.
LIMITATION OF OUR LIABILITY
Nothing in these
terms of use excludes or limits our liability for death or personal injury
caused by our negligence, for our fraud or fraudulent misrepresentation or for
any other liability that cannot be excluded or limited under English law. To
the extent permitted by law, we excluded all conditions, warranties, representations
or other terms which may apply to the website or any content on it, whether
express or implied.
We will not be liable
for any loss or damage, whether in contract, tort (including negligence),
breach of statutory duty or otherwise arising under or in connection with:
•
use of
reliance on any content displayed on the website; or
•
use of,
or inability to use, the website
We will not be liable
for:
•
loss of
profits, sales, business or revenue:
•
business
interruption;
•