Sleepsoftly…rest assured

Terms & Conditions

Sleep Softly Consumer Terms & Conditions Of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website sleepsoftly.co.uk (our site) to you. These terms and conditions only apply if you are buying as a consumer. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please tick the box marked “I agree to the sleepsoftly.co.uk Terms and Conditions” at the end of ordering process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

All transactions are secure as details that you send to us are encrypted and sent across a secure connection. You can see that the shopping bag and checkout is a secure area of our site because a padlock symbol or key will appear in the bottom of your browser.

The encryption technique we use is certified. This means that the information you send us cannot be read by anyone other than the Sleepsoftly team.

Sleepsoftly retains the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered until it is proven that that the order is bona fide. Should Sleepsoftly or Paypal be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original card used to place the order and the order will be cancelled. For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, Paypal will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity. A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Our site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.
By placing an order through our site, you warrant that:
  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in the United Kingdom ; and
  • you are accessing our site from the United Kingdom.

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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.

The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.

Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.

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 Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products 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.

If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.

Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.

Delivery will be made to the address specified in your order. Should you wish to change the delivery address after your order has been dispatched from us, a charge of £10 will be made (a redirection approval is subject to your order and account status).

Some area postcodes/zones have additional surcharges or no available delivery service:


 
Zone Postcode Surcharge
Grampian (J) All Postcodes beginning AB and ZE £9.00
Highland (K) All postcodes beginning HS, IV, KW, PH17,  PH18, PH19-26 and PH30-44  £9.00
Northern Ireland All BT postcodes  £60.00
Channel Islands Postcodes GY and J  No delivery service
Isle of Man All IM Postcodes  No delivery service
Isles of Scilly Postcodes TR21-27  No delivery service
Isle of Wight Postcodes PO30-40  £20.00

Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.

There will be no delivery until clear funds have been received.

Customers are advised that our couriers delivering the items will be operating on a one man delivery service to the front door of the property only. Drivers will not be able to carry goods through the property or up any flights of stairs. For those customers who live in a block of flats, please be advised the front door will be classed as the main entrance to the building and not the door of your property.

Where the delivery address is a domestic dwelling, the Customer agrees that our carriers may deliver the Consignment to a neighbouring address provided that our couriers obtain a signature from a person present at that neighbouring address acknowledging receipt of the Consignment.

Our couriers will not deliver Goods to an airport, dock, wharf, military establishment or container base other than by special agreement in writing prior to formation of the contract.

The Customer acknowledges that delivery to the delivery address does not include delivery to a specific person.

Customers are advised that our couriers delivering the items will be operating on a one man delivery service to the front door of the property only. Drivers will not be able to carry goods through the property or up any flights of stairs. For those customers who live in a block of flats, please be advised the front door will be classed as the main entrance to the building and not the door of your property.

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery information.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo, Google Checkout and Paypal. We shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

When you return a Product to us: We can only accept products for return with their original packaging in the condition they were delivered.

Mattresses & divan beds

As with nearly all mattress retailers WE are unable to accept “used” mattresses for return for health and hygiene reasons. By used we mean mattresses that have been removed from their original packaging. Therefore we would strongly advise that customers that buy mattresses try them on their beds with the packaging on them first, and only remove the packaging when you are completely sure that you are happy with the product.

In the unlikely event of your item being delivered in a damaged condition please mark the Proof Of Delivery (POD) or sheet that you sign for the delivery as “DAMAGED” in the section that reads RECEIVED IN GOOD CONDITION and refuse the delivery. Should you find damage after delivery, please send a photograph of the damage item using our contact us form together with your name, order number and postcode to enable us to collect for free and assist you in either sending replacement parts or a new product.

The Buyer may cancel their order at any time between its placement and up to seven days after its delivery. After delivery and up until the 7th day, we charge £30 to collect which will be deducted from the refund costs. If you cancel an order before it has been dispatched, there is no charge. In the event it is cancelled on the day of delivery, or the Buyer refuses delivery, a £5 failed delivery charge may apply to the Buyer. If unhappy with their goods, the Buyer can return them within seven days of the delivery, but must contact the Seller’s customer service department and notify them of this.The Buyer can either arrange to return the goods himself to the Supplier at his own cost and risk, or he may ask the Seller to collect the goods in which case he will be charged £30. This will be deducted from his refund.The Buyer must return goods to the Seller in the same condition they were in at the time of delivery; in similar or the original packaging.

In the event the goods are deemed to be not adequately packaged, the Seller can refuse collection and the Buyer may be subject to a £5 refused delivery charge. This charge will also apply if the Buyer, for whatever reason, does not have the goods available for collection at the Buyer/Seller agreed time and date. Refunds will be issued after receipt of the returned goods, after they have been inspected for damage. They will happen within 30days of the return. In the event the goods are returned damaged, the Seller can withhold the refund amount, if part or total.

Please however be aware of the following:

Flat packed furniture

As with nearly all furniture retailers we are unable to accept flat packed furniture that has been erected or semi-erected.

*because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit.

*for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of your options to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your elected repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair, replacement or refund for the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you elect a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.

Refunds of any money received from you will be made using the same card originally used by you to pay for your purchase and paid back into the same account.

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.

You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.

Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.

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;

We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to: loss of income or revenue; loss of business;

  • *loss of profits or contracts;
  • *loss of anticipated savings;
  • *loss of data;

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 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.

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.

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products 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 Acceptance 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 Products).

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  • Sleepsoftly.co.uk
  • Administration Centre,
  • Ashmore House,
  • Monument View,
  • Nynehead,
  • Wellington,
  • Somerset,
  • TA21 0BH

  •                 Tel: 01823 216102