UK TERMS AND CONDITIONS OF SALE (website and phone)
These Terms and Conditions were last updated on 1st July 2011.
TERMS AND CONDITIONS
IMPORTANT: Please read these Terms and Conditions carefully. They form a legally binding agreement between you and us. If you do not agree with these Terms and Conditions, please do not access or use the Website or place any orders with us through the Website or by phone.
1.3For the purposes of these Terms and Conditions, all references to: “Terms and Conditions” means these terms and conditions, as amended from time to time in accordance with Clause 1.2 above and any policies, guidelines, rules and/or other terms and conditions which we may, from time to time, post on the Website or otherwise make known to you; “Website” means the website currently located at www.tempur.co.uk, and/or any successor website; and to “us” and “we” are to Tempur UK Limited and “our” shall be construed accordingly.
2.1Provided that you comply fully with these Terms and Conditions, we and/or our licensors grant you the right to access and view the content and information provided or made available on or through the Website, including, without limitation, text, images and videos (the “Content”), for your personal and non-commercial use only, unless agreed in writing between you and us.
2.2You may not, without our express prior written permission, print, download, copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from or counterfeit, by any means or in any manner, any Content, or do anything else with such Content which is not expressly permitted by these Terms and Conditions. Without prejudice to the generality of the above, you should download and/or print and retain a current copy of these Terms and Conditions for your records.
2.3All intellectual property and other proprietary rights in the Content are owned by us or our licensors. You agree and acknowledge: that you will not acquire any ownership rights in the Content; and that modification of any Content or use of any Content for any purpose not expressly permitted by these Terms and Conditions may breach our and others’ copyright and other proprietary rights.
2.4Any rights not expressly granted in these Terms and Conditions are reserved.
2.5We do not accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. If you transmit to us, by email or otherwise, any communication or material, you will be deemed to have granted us and our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way we deem fit, including granting sub-licences to third parties. You agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
3.1While we endeavour to ensure that the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice for any reason in our discretion, including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
3.2We reserve the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any such modification or withdrawal.
4.1You agree that you will not use the Website for the posting or transmission of any material of any kind which is: unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; in breach of our and/or any third party’s rights; and/or racially, ethnically or otherwise objectionable.
4.2You agree that you will not:
4.2.1upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files, other such similarly destructive features, or otherwise in any way damage, disable or impair the operation of the Website or our business or seek to do so; or
4.2.2 gain or attempt to gain unauthorised access, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures, to the Website, networks connected to the Website or any Content.
4.3We will shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected of an offence in relation to use of the Website.
You are responsible for the accuracy and completeness of the personal information you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information, which you can access and update using your account.
6.YOUR ACCOUNT AND PASSWORD
6.2You are responsible for the security and confidentiality of the password and other log-in information for your account. You accept responsibility for all activities which occur under your account. If you have any reason to suspect that your password has become known to someone else and/or that your account has been or is likely to be used without your authorisation, you should contact us immediately. We shall not be liable for any loss or damage resulting from a failure by you to protect the password and/or other log-in information for your account.
7.LINKS TO OTHER WEBSITES
7.1Links to third party websites on the Website are provided solely for your convenience. If you use such links, you leave the Website. We have not reviewed, do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about such websites, any material on such websites, or any results that may be obtained from using such websites. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. These websites may have their own terms and conditions and privacy policies which you should review before using such websites.
8.1While we endeavour to ensure that the information on the Website is accurate, complete and up to date, we do not warrant that this is or will be the case. We may, at any time without notice, make changes to the Website and/or or to the products and/or their prices described and available on the Website.
8.2Illustrations, photographs, weights, dimensions and descriptions on the Website are intended as a general guide to our products. You acknowledge and agree that we do not promise that our products will be precisely in accordance with such guidance and without any variation at all. While we endeavour to ensure that our guidance is helpful and accurate there are many factors, such as minor changes in stock, ongoing product development and even your own computer or other monitor technology that mean that actual products may vary slightly from the illustrations, photographs, weights, dimensions and/or descriptions on the Website.
9.1You must be over 18 to place an order via the Website or by phone.
9.2If you place an order using the Website or by phone, we will acknowledge your order, by email (unless you have ordered a product by phone and do not have an email address, in which case we will acknowledge your order by post). This acknowledgement constitutes an offer by you to purchase the product(s) ordered from us.
9.3We will also confirm whether or not we have the product(s) in stock and provide an estimated date on which we will deliver such product(s) to you (either, in the case of an order placed by phone, during such phone call or, in the case of an order placed using the Website, by calling you following such order).
9.4Following our confirmation that the product(s) ordered is in stock and provision of an estimated delivery date, we will take payment from you (using the payment information provided when you placed your order) in respect of the product(s) ordered and will send you a confirmation (by email if you have an email address or by post if you do not have an email address) of dispatch of the product(s). That confirmation of dispatch constitutes our acceptance of your offer and the formation of a contract between you and us for the sale of such product(s) under these Terms and Conditions.
9.5We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
10.1The prices payable for products are shown on the Website and will be discussed with you if you place an order by phone. We may make an additional charge for delivery costs and this will be shown separately in the checkout section of the Website, or discussed with you if you place an order by phone, before you submit your payment information.
10.2All product prices on the Website are inclusive of VAT. On the product pages of the Website, the product prices are exclusive of any delivery charges, which are added, inclusive of VAT, in the shopping basket and check out section of the Website.
10.3If you qualify for, and wish to take advantage of, a VATexemption, you will need to submit some additional information to us using an additional form, which will be available when you place your order and which you must print out, complete and send to us. Please note that the initial payment will be taken inclusive of VAT. Only upon receipt of your completed form will a VAT credit be applied to your account and if due a refund will be issued within 30 days. The VAT exemption applies only to, and we will therefore only be able to refund the VAT on, qualifying products and not VAT on the delivery charges.
11.NON-ACCEPTANCE OF ORDERS BY US
11.1We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:
11.1.1there is a pricing or description error when the order is placed which is obvious and unmistakeable and could have reasonably been recognised as a mis-pricing;
11.1.2your payment is refused;
11.1.3we do not have sufficient stock to deliver the product you have ordered;
11.1.4we do not deliver to the area in which your delivery address is located; and/or
11.1.5it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.
11.2If we refuse to accept an order in accordance with this Clause 11, we will not be obliged to offer any compensation for loss or disappointment suffered by you.
12.1We accept payment by credit or debit card (Visa, MasterCard, Maestro, Visa Debit, American Express, Visa Electron or Solo).
12.2Unless we allow you to place an order for any product(s) by paying a deposit and paying the balance of the purchase price for the product(s) ordered at a later date (in which case this will be indicated on the Website or made known to you by phone when you place your order), in respect of all orders, payment of the full purchase price for the product(s) ordered must be made when the order is placed and we will not dispatch the product(s) ordered until we have received such payment in full.
12.4If for any reason any payment is refused after we have dispatched any product we will have the right to request the payment from you or recover the relevant product(s) from you. We may charge you for our costs in recovering the product(s) or seeking further payment.
12.4.1We do not offer credit facilities for products purchased from us. However, if you place an order by phone we may inform you about credit facilities which may available to you from Hitachi Captial Consumer Finance, a third party provider. For more information, please telephone 08000 111083.
12.5Full ownership and title in any product ordered from us will remain with us and will not pass to you until we have received payment of the full purchase price for such product.
13.1We are only able to deliver a product to an address within mainland UK (excluding Northern Ireland and all offshore islands). If we do not deliver to your address and you would like to order and collect any product(s), please contact us (Telephone 08000616135).
13.2We are only able to deliver products between Monday and Friday (excluding bank and other public holidays) and there must be a person aged over 18 at the delivery address when the product is delivered. Once you have submitted an order, you may not be able to change the delivery address. If you would like to discuss a change to the delivery address after you have submitted an order, please contact us as soon as possible (Telephone 08000616135).
13.3The estimated delivery date of a product is based on whether the product is in stock and on the delivery address you have provided to us and is subject to receipt by us from you of payment for such product. Although we endeavour to deliver products on the estimated delivery date, such date is indicative only and we cannot guarantee that the delivery will take place on such date, although we will, unless agreed otherwise with you deliver any product within 30 days of the date on which we received payment from you for such product.
13.4You must inform us, by contacting us using the information (Telephone 08000616135) by the date on which we agree an estimated delivery date with you, if there are any special circumstances which might be relevant to your delivery, including, without limitation, factors relating to access: to your delivery address (e.g. low bridges, narrow lanes etc); and/or to the premises at your delivery address (e.g. small door frames, narrow passages, steps etc). Please take appropriate measurements to confirm whether or not there are any such factors.
13.5You may be liable to pay us extra delivery charges if:
13.5.1we are unable to complete a delivery because a person over 18 is not present at the delivery address on the date of delivery to accept the product;
13.5.2you attempt to change the delivery address after the product has been dispatched to you; and/or
13.5.3you fail to notify us in accordance with Clause 13.4 above of special circumstances which are relevant to your delivery.
13.6Although we will endeavour to do so, we cannot guarantee that we will be able and reserve the right to refuse in our sole discretion to:
13.6.1relocate any of your existing furniture at the delivery address (and any such request for us to do is at your own risk); and/or
13.6.2deliver the product to a precise location within the premises at the delivery address.
13.7Notwithstanding Clause 12.6, once we have delivered any product to you: risk in that product passes to you; and you are responsible for its insurance and security.
13.8We regret that we are not able to take away or dispose of any of your existing furniture (including, without limitation, any existing mattress).
14.IF YOU CHANGE YOUR MIND
14.1Unless you have ordered a product which was created to your specification or clearly personalised, you may cancel your order for any product for any reason at any time from the date on which you placed the order up to 7 working days after the day after you received such product, in which case:
14.1.1we will, as soon as possible and, in any event, within 30 days of such cancellation if the product has not been dispatched to you, refund any sums paid to us by you, and any provider of credit facilities in respect of the purchase price for the product and any charges for delivering the product to you. If the product has been dispatched to you, a refund will be made within 30 days of return of the product.
14.1.2you must return the product to us, and we request that you follow our returns policy, as set out in Clause 16 below; and
14.1.3you are under a statutory duty to take reasonable care of the product until it is returned to us.
14.2If you want to cancel before your product has been delivered please contact us using the information (Telephone 08000616135) (although, if your order has already been processed for delivery we may not be able to prevent the product being delivered to you).
14.3If you want to exercise your right to cancel under Clause 14.1, after you have received the product from us, we request that any packaging which is still on the product is not removed or, to the extent that such packaging has been removed but is still in your possession, that you return the product with such packaging and that you do not use the product.
14.4Unless you cancel your order within 7 days in which case we will refund the cost of delivering the product to you and unless you have asked for the product to be created to your specification or clearly personalised, if you have ordered a product for which we offer: a 14-day “no quibble” return (for TEMPUR accessories); a 60-night trial (as described in clause 14.5 below); or any other applicable “trial” promotion, as indicated on the Website or made known to you by phone, you may cancel your order of such product by notifying us at any time until midnight on the final day of the applicable trial period and we will refund any sums paid to us by and any provider of credit facilities, in respect of the purchase price for the product, provided that:
14.4.1we will not refund the cost of delivering the product to you;
14.4.2you return the applicable product to us in accordance with our returns policy, as set out in Clause 16 below;
14.4.3you may only make and cancel such an order once – you may not order the same or a similar product on a trial basis again; and
14.4.4any such trial offer is valid only once per delivery address.
14.5 The 60-night trial is only available for our standard size mattresses (Original Mattress Collection :Single, Double, King Size, Super King size, overlay mattresses 7 cm and pillows if ordered with a mattress, and is not available for any product which has been customised by us in any way.
14.6Exchange: Unless you cancel your order within 7 days and you have asked for the product to be created to your specification or clearly personalised, you may only exchange pillows purchased without mattresses within 60 days of purchase and TEMPUR accessories within 14 days of their purchase under the 14 day “no quibble policy”; or any other applicable exchange “trial” promotion, as indicated on the Website or made known to you by phone, you may exchange the product ordered for another product offered by us by notifying us at any time until midnight on the final day of the applicable trial period provided that: We only exchange pillows purchased without mattresses with the higher or lower price. The 14 day “no quibble” exchange is for any TEMPUR accessories with higher or lower price.
14.6.1you return the applicable product to us in accordance with our returns policy, as set out in Clause 16 below;
14.6.2the replacement product is listed on our Website and you will either receive a refund or pay the balance depending on the product that you are entitled to exchange (see article 14.6) ;
14.6.3you may only make and cancel such an order once – you may not order the same or a similar product on an exchange trial basis again; and
14.6.4any such trial offer is valid only once per delivery address.
14.7If you do not notify us within the applicable trial period that you wish to cancel your order of any product to which Clauses 14.4 and/or 14.5 apply, you will be deemed to have accepted the applicable product. For further information on our trial products, please contact us (Telephone 08000616135)
15.IF A PRODUCT IS DAMAGED OR FAULTY OR NOT WHAT YOU ORDERED
15.1Please keep all the warranty information that comes with your product as it may be needed if the product develops a fault.
15.2We request that you inspect any product delivered to you within a reasonable period of receiving it. If a product you have received from us: was damaged when delivered; or develops a fault within the warranty period, please notify us and return the product to us, at our cost, either by post or by requesting that we collect the product from you, and
15.2.1we will repair it, if possible;
15.2.2if it is not possible to repair it, we will replace it with an equivalent product, if possible; or
15.2.3if it is not possible to replace it with an equivalent product, we will refund any sums paid to us by you, and any provider of credit facilities, in respect of the purchase price for the product and any charges for delivering the product to you.
In relation to any such returns, we request that you follow our returns policy, as set out in Clause 16 below.
15.3If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may: return it to you andno refund will be made.
15.4If a product you have received from us is not the product which you ordered from us please notify us and return the product to us, at our cost, either by post or by requesting that we collect the product from you, and
(a)we will deliver the product which you ordered, if possible; or
(b)if it is not possible to deliver the product which you ordered, we will refund the purchase price and any delivery costs.
In relation to any such returns, we request that you follow our returns policy, as set out in Clause 16 below
16.1If you want to return a product please email us (or, if you do not have an email address, write to us) using the information at Caxton Point, Printing House Lane, Hayes, Middlesex UB3 1AP and we will give you a returns number, which we request that you use when you return the product to, and in all correspondence with, us (otherwise our response may take longer).
16.2You may be able to use our freepost address:Tempur UK Ltd, Freepost HA4653, Hayes, Middlesex UB3 1BR to return certain small products, which include, without limitation, pillows, cushions and other accessories (the Website and/or documentation included with your specific product will indicate whether or not the freepost address can be used to return that product). If you do not use such freepost address when you are entitled to do so, you will be liable for the costs of returning of such products. We may, in relation to certain products, be able to collect the product from you. If you would like to discuss a possible collection by us, please contact us (Telephone 08000616135). If a collection is arranged but the products are not available for collection on the day a charge of £60+VAT will be payable.
16.3Please ensure that all products packaged for return are clearly labelled with your name, postal address and order number and that, if you post a product to us, you must obtain a proof of posting receipt.You must ensure that products which you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the Products are delivered in case you wish to make a return. Alternatively, we can provide you with suitable packaging, which can be ordered from us at a cost of £25 +VAT when you call us to arrange collection.
16.4If you make available returned products to us in a soiled or damaged state, we may refuse to collect or take away those products. If (on return to our premises) we find that products collected from you are in a soiled or damaged state, we reserve the right to re-deliver those products to you and/or to require payment in full from you for those Products and you hereby authorise us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your order.
17.1We will make any refunds due to you in accordance with these Terms and Conditions using the same method of payment as you used when placing your order. Please note that we cannot influence any part of a refund after we have submitted the request to a bank and that banks can take up to 14 days to process such a refund.
18.USE OF PRODUCTS
18.1You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
18.2You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
19.1Nothing in these Terms and Conditions excludes or limit our liability for:
19.1.1death or personal injury caused by negligence;
19.1.3any breach of any terms implied by sections 12 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1982, any defective products under the Consumer Protection Act 1987 and/or any other statutory or other liability which cannot be excluded under applicable law.
19.2To the maximum extent permitted by law:
19.2.1the Website and the Content are provided “as is” without any warranties of any kind;
19.2.2the products will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use, unless otherwise agreed between you and us); and
19.2.3we exclude all other express and implied representations, warranties, conditions and other terms relating to the Website, the Content and the products.
19.3The aggregate liability, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way of us, our group companies and the officers, directors, employees, shareholders or agents of us or any of them, for any kind of loss or damage that may result to you or a third party in connection with these Terms and Conditions is limited to the greater of:
19.3.1the amount paid by you for the product; and
19.4We, our group companies and the officers, directors, employees, shareholders or agents of us or any of them will not be liable, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way in connection with these Terms and Conditions for:
19.4.1any indirect, punitive or consequential loss or damages;
19.4.2any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
19.4.3any loss arising from your use of the Website, including, without limitation, in connection with the use, inability to use or the results of use of the Website, any websites linked to the 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 the Website or your downloading of any material from the Website or any websites linked to the Website;
19.4.4any loss arising from failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our and/or the manufacturer’s instructions or using the products in a careless or negligent manner; and/or
19.4.5any failure to perform any obligation owed to you under these Terms and Conditions, including, without limitation, any failure to deliver or delay in delivering products, due to any event or circumstance beyond our reasonable control, including, without limitation, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
20.INVALIDITY AND WAIVER
20.1If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
20.2If you breach these Terms and Conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms and Conditions.
21.THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded. .
22.TERMINATION AND SURVIVAL
22.1Except in respect of an order by you which has been accepted by us in accordance with Clause 9, either party may terminate an agreement under these Terms and Conditions at any time on written notice to the other.
22.2This Clause 23 and Clauses 1, 2.2, 2.3, 2.4, 2.5, 3, 4, 8, 18, 19, 20, 21, 22, 24, 25 and 26 shall survive a termination of an agreement under these Terms and Conditions for any reason.
23.1We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
24.GOVERNING LAW AND JURISDICTION
24.1These Terms and Conditions shall be governed by and construed in accordance with English law and any disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.