Terms And Conditions
Terms of Website Use
1. Information About Us
www.mattress.ie is a site operated by mattress.ie Limited (we, our, us).
2. Purchasing Products Through Our Site
The purchase of products through our site is governed by our terms and conditions of sale.
3. Your Information
When ordering any products from our site, you will be asked to complete a registration process. Information that you provide on our site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. From time to time we may make other services available which also require registration.
4. Password/Account Security
To access your stored data on our site, you will need to input your account and password details (login details). You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact [customer services] straight away to let us know. We can deactivate your account at any time.
5. Third Party Services
We may from time to time make available through our site certain services provided by third parties. To gain access to these services, you must register with these third parties and deal with them direct. We have no control over the content of those third party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Your use of our site and our liability for products which you may purchase through our site is subject to limitations and exclusions under our terms and conditions of sale.
We have taken every care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our site, any website linked to it and any materials posted on it.
7. Intellectual Property
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
8. Acceptable Use
Certain areas of our site may enable you to enter some content of your own. In such cases, the content must not:
- contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
If (in our sole opinion) the material you post on our site does not comply with the above, we shall be entitled to remove such content without having to notify you first.
By uploading information to our site, you grant us an irrevocable, exclusive licence to use such material on our site and in marketing material for our site.
9. Site Availability
If the need arises, we may suspend access to our site, or close it indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period.
10. Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11. Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice.
12. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Jurisdiction and Applicable Law
At www.mattress.ie we aim to delight our customers at all times. However, if you are unhappy about any aspect of our site or the service you receive from us and would like to make a complaint, please contact [Customer Services].
Terms and Conditions of Sale
This section tells you about the terms and conditions on which we supply any of the products (Products) listed on our website www.mattress.ie (our site).
Please read these terms and conditions carefully before ordering any Products from our site. When placing an order, you will be invited to agree to these terms and conditions by ticking the box marked "I agree to the terms and conditions". If you don’t accept the terms and conditions by ticking this box, you will not be able to order any Products from our site.
1. Information About Us
www.mattress.ie is a site operated by mattress.ie Limited (we, our, us).
2. Your status
By placing an order through our site you warrant that:
- you are legally capable to enter into binding contracts;
- you are at least 18 years old;
- you are resident in and require delivery to mainland Great Britain (other than those areas listed in section 10 below); and
- you are accessing our site from within mainland Great Britain.
3. Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. Provided you comply with this clause and the Returns Policy (clause 11), and take reasonable care of the Products, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 11 below).
To cancel a Contract, you must inform us by sending an email to firstname.lastname@example.org.
If the Products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the Contract, then the Products must be returned to us at your own cost and risk. We will arrange for the Products to be collected from you either by us or by a third party and will make a charge for providing this service.
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. Taking reasonable care in relation to mattresses includes, for example, not removing the protective packaging encasing the mattress.
4. Ordering Products
After placing an order, you may receive an email from us acknowledging that we have safely received it. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will send you an email to confirm acceptance. The contract between us (Contract) will only be made when we send you the email confirming acceptance of your order and we have taken payment.
All items are subject to stock availability. We will inform you as soon as possible if, for any reason, the Products you have ordered are not available. Please note that, on rare occasions, stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the Contract with you. In such circumstances, if we have taken payment from your credit card or debit card we will refund the amount paid by you in full and we will not have any other liability towards you.
6. Ordering Errors
You are able to make changes to your order up to the point at which you click on the ‘submit order’ button on the Payment & Confirm section of the checkout process.
The price of the Products will be as quoted on our site, except in cases of obvious error. Please be aware that these prices include VAT and delivery costs.
Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our best efforts. We will normally verify prices as part of our order-handling procedure 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 the 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 the rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We accept payment with the following credit or debit cards: Visa credit and debit cards, MasterCard credit and debit cards, American Express credit and Charge Cards, Switch/Maestro debit cards, Delta debit cards, Visa Electron cards. Presently, we do not accept cash, cheques or gift vouchers as payment online or payment through PayPal.By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. We will take process your credit or debit card details immediately after you place your order.
Please note that delivery of the Products to you is conditional upon payment first having been made in full.
We aim to fulfil all orders within 28 days of acceptance. However, if you are located in a remote area, delivery may take a little longer. Please note that we cannot fulfil orders received where delivery is required to the following locations:
- Perthshire (unless your postcode begins with PH1, PH2, PH3, PH4, PH5, PH12, PH13 or PH14)
- Invernesshire (unless your postcode begins with IV1, IV2, IV12, IV30, IB31, IV32, or IV36)
- Shetland Islands
- Isle of Wight
- Channel Islands
- Scilly Islands
- Isle of Man
When you have chosen the Products you want to buy from us, the delivery address will default automatically to the billing address you have entered for your payment card. If you want us to deliver your order to a different address, you can choose this option as you go through the checkout process. Although we will make every reasonable effort to ensure your Products are delivered within the timescales given above, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. Under these circumstances, delivery charges will not normally be refunded. Either we or our contractors will contact you to arrange for delivery of the Products and will give you a delivery time slot. If delivery is attempted during that time slot and you are not available to take delivery, we reserve the right to charge you for any loss that we may suffer as a result.
10. Returns Policy
If you have cancelled the Contract in accordance with clause 4 above and the Products have been processed for delivery or have been delivered to you then we will arrange for the Products to be collected from you. Following the collection of the Products from you, we will check that you have taken reasonable care of the Products. Subject to our being satisfied that you have taken reasonable care of the Products, we will process the refund to you as soon as possible, and, in any case, within 30 days following the day on which you have given notice of your cancellation of the Contract. In these circumstances, we will refund the price of Products in full, including the cost of sending the item to you. However, we will deduct a collection charge of £50 from the amount due to you.
If you have cancelled the Contract in accordance with clause 4 above and the Products have not been processed for delivery, then we will process the refund due to you as soon as possible and, in any case, within 30 days follows the day on which you gave us notice of cancellation of the Contract. If you cancel the Contract for any other reason (for example, if you think the Products are defective or they do not match their description), we will collect the Products from you and examine the returned Products. We will notify you of our decision regarding a refund within a reasonable period of time. We will usually process any 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. Products returned to us because of a defect will be refunded in full, including a refund of the delivery charges for sending Products to you and any charge we may have levied for the collection of the Products. In all cases, please ensure that the despatch note is returned with the Products as proof of purchase. We recommend that you take a copy for your own records.
We will refund you using the same method you used to pay for the Products.
Unfortunately we cannot stop an order once it's been confirmed by us. If you change your mind about your order after this point you can return the Products to us in accordance with this returns policy.
This returns policy does not affect your statutory rights in respect of defective Products.
11. Risk and Title
The Products will be at your risk from the time of delivery even if you have given us notice that you wish to cancel the Contract. Ownership of the Products will only pass to you at the time of delivery or (if later) when we receive full payment of all sums due in respect of the Products, including any delivery charges.
12. Your Information
13. Our Liability
In the event of a fault in our Products (including a defect or a Product not matching its description) notified to us within a reasonable time after delivery we will (subject to confirmation of the fault and provided that the Products have been treated by you in accordance with the manufacturers’ guidelines and care instructions), exchange the Products or refund you in full (including any delivery and collection charges) but we shall not have any other liability towards you.
This does not affect your statutory rights.
14. 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 including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving mattress.ie Limited’s employees), failure or delay on the part of a sub-contractor or supplier or acts of local or central Government or other competent authorities. This does not affect your statutory rights.
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These terms and conditions and other notices elsewhere on our website contain the whole agreement between us and you relating to the supply of Products. No other terms or conditions will form part of the Contract, unless agreed by us in writing and signed by an authorised mattress.ie Limited employee.
17. 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 terms and conditions in force at the time that you order Products from us.