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The terms and conditions of sale that follow form a binding agreement between e-mattress.co.uk and its customers, which pertain to all purchases of products by you from the e-mattress.co.uk website.
On receipt of your order, we will send you an order acknowledgement by email. The acknowledgement will give you full details of the product(s) you have purchased, delivery address, and financial details of the transaction.
Please take time to carefully check. If you do not receive an acknowledgement or if you find any errors phone or e-mail customer service.
The delivery date of the products is approximate only. Further, we shall not be liable for any loss suffered by you arising from any delay in the delivery of the product(s). Reasons for delay or non-delivery could be and not limited to: holiday periods i.e. Christmas, Easter; the delivery area is in an area of inaccessibility; Unforeseen circumstances, such as but not limited to lock-outs, strikes, riots, malicious damage, or in any other causes whatsoever beyond our control. Delivery is generally carried out by national carrier and their experienced delivery drivers, who will deliver your new products to the most easily accessible ground floor door to your premises. Please note that if you live in a block of flats or in a basement premises, your product(s) will only be delivered to the most easily accessible ground floor door of the building.
Please also note that national carrier personnel cannot and will not enter your premises or any building leading to your premises.
If you fail to take delivery of the product(s) whenever they are tendered for delivery, then without prejudice to any other right or remedy available to us, we reserve our right to and will generally seek to recover transportation costs for the return trip.
You shall inspect your product(s) on delivery. If you find your products to be faulty or damaged upon receipt you must report the alleged fault or damage immediately. We will then either exchange the product(s) or issue a full refund within 14 days of delivery. In such circumstances, provided that the product(s) are adequately wrapped, we will meet all delivery and return costs. This does not affect your statutory rights.
If you are unhappy with your purchase you have 5 days to contact us. At this point we may arrange an exchange or refund. Please note that mattresses can only be returned if they are unopened. Mattresses that have been opened can not be returned. On returns we reserve our right to and will generally seek to recover the cost of return. The charges for collection are as follows: £50 per item. Alternatively you can make arrangements at your expense for the carriage and the return of the product(s) to us. Please ensure that these product(s) are wrapped in their original wrappings. Product(s) will remain the responsibility of you until they are received by us. Once they are received by us will check the product(s) and then organise for your refund or exchange to take place. If the products are damaged we will withhold your refund and seek to recover the costs.
The price listed includes VAT (Value Added Tax) at the UK standard rate of 17.5%. The correct price you will pay will be on your printed order confirmation. All orders are payable in full before delivery. We accept all major credit cards/debit cards. You must confirm that the credit or debit card that is being used is yours in order to purchase product(s) on our website or over the telephone. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, without prejudice we shall be permitted to cancel our contract with you. We reserve the right to increase the price to reflect any taxes or duties which are or may from time to time be levied by any governmental statutory or local authority upon the sale of the product(s) and any necessary additions shall be charged at the rates prevailing at the date of invoice.
The manufacturer(s) of your particular product(s) may offer a guarantee(s) of various periods on the product(s) from the date of delivery of the product(s). Please note that the terms of any manufacturer's guarantee shall be attached to your product(s) on delivery and is offered as an extra benefit and does not affect your statutory rights as a consumer. Any complaints made by you in the first year should be made initially by e-mail to us, quoting your order reference number and outlining the nature of your complaint. We shall then liaise with the manufacturer on your behalf and keep you fully informed of how the matter is progressing.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, (including, without limitation, negligence (whether caused by us or our servants, agents or employees) or any other duty at common law), prior contract or other representations (other than fraudulent or negligent misrepresentations) or any implied warranty condition or under the express warranty terms of the contract or otherwise out of or in connection with the conditions for: any economic (including consequential) losses or damage (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any costs, expenses or other claims for compensation whatsoever; any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by you or any third party arising out of or in connection with the provisions of any matter under these terms and conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. Our liability hereunder for any delay in performing or any failure to perform any of our obligations in relation to the product(s) shall be limited to the excess (if any) over the price of the cost to you in the cheapest available market of similar goods to replace those not supplied. We shall indemnify us against all claims losses costs and expenses made against or suffered by us arising from or incurred by reason of any loss injury of damage suffered by a third party and arising out of your use of the product(s).
We may perform any of our obligations or exercise any of our rights here under by ourselves or through our servants, agents, employees or any other person so nominated by us. Any reference in the terms and conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time. The headings in these terms and conditions are for convenience only and shall not affect the interpretation. No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or other provision. No failure by us to exercise any power given to us or to insist upon the strict compliance by you with any obligation here under and no custom or practice of the parties at variance with the terms and conditions hereof shall constitute any waiver of any of our rights under the contract. If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Any notice given here under must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed. Except as otherwise provided nothing in the contract shall confer on any third party any benefit or the right to enforce any terms of the contract. The contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
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