TERMS AND CONDITIONS OF SALE (FOR ORDERS PLACED ONLINE ON THIS WEBSITE OR BY TELEPHONE DIRECT TO OUR OFFICE IN HAYES)
THESE TERMS AND CONDITIONS WERE LAST UPDATED ON 09TH JUNE 2014.
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.
1.3 For 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.mattrex.co.uk , and/or any successor website; and to “us” and “we” are to Mattrex Limited and “our” shall be construed accordingly.
2.1 Provided 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.
2.2 You 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.
2.3 All 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.
2.4 Any rights not expressly granted in these Terms and Conditions are reserved.
2.5 We 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 or material you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- SERVICE ACCESS
3.1 While 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.
3.2 We 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.
4.1 You 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.
4.2 You agree that you will not:
4.2.1 upload 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.
4.3 We 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.
- CUSTOMER INFORMATION
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.
- YOUR ACCOUNT AND PASSWORD
6.2 You 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.
- LINKS TO OTHER WEBSITES
Links 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.
8.1 While 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.
8.2 Illustrations, 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.
- ORDER PROCESS
9.1 You must be over 18 to place an order via the Website or by phone.
9.2 You may place an order using the Website or by phone. Your order constitutes a binding offer by you to purchase the product(s) ordered from us but is not binding on us until we have formally accepted it in accordance with Clause 9.6 below.
9.3 If you place an order, we will in the first instance acknowledge receipt of your order. However, this initial acknowledgement is not an acceptance.
9.4 Before we formally accept your order, we will check if we have the product(s) in stock and if you have cleared funds to make payment.
9.5 We will then take payment from you by processing your debit or credit card, or by other form of electronic transfer, using the payment information you provided when you placed your order. Once we are in receipt of cleared funds and we have confirmed stock availability, and have otherwise confirmed that the transaction details (including but not limited to the description and price of the goods) are correct in every respect, we will arrange for the delivery of the products to the address you have indicated.
>9.6 We will proceed to formally accept your order either by delivering the products, or by first sending you a communication in which we will confirm that the products have been dispatched and we will provide you also with an estimated date and/or time of delivery. The contract for the sale of goods becomes binding on us upon the point of this formal acceptance.
9.7 Communications such as the acknowledgement of your order (referred to in Clause 9.3 above) or the confirmation of product dispatch (referred to in Clause 9.6 above) will normally be sent by email, to the email address that you provided to us when you placed your order. If you ordered by phone and do not have an email address, we will send these communications by post instead. In some cases we may need to phone you to confirm details of the delivery arrangements.
9.8 We 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.
10.1 The 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.
10.2 All 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.
10.3 If you qualify for, and wish to take advantage of, a VAT exemption, you will need to submit some additional information to us. Please contact us using the information available on the Contact Us page on our Website. Please note that the initial payment will be taken inclusive of VAT. Only upon receipt of the additional information that we will request 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.
- NON-ACCEPTANCE OF ORDERS BY US
11.1 We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:
11.1.1 there is a pricing or description error when the order is placed;
11.1.2 your payment is refused;
11.1.3 we do not have sufficient stock to deliver the product you have ordered;
11.1.4 we do not deliver to the area in which your delivery address is located; and/or
11.1.5 it 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.
11.2 If 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, although we will offer a full refund of any payment that we may have collected under Clause 9.5 above.
12.1 We accept payment by credit or debit card (Visa, MasterCard, Maestro, Visa Debit, Visa Electron or Solo and American Express).
12.2 Unless 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.
12.4 If 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.
12.5 Full 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.
13.1 We 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 using the information available on the “Contact Us” page on our Website.
13.2 We 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 using the information available on the “Contact Us” page on our Website.
13.3 The 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, unless agreed otherwise with you, delivery of any product will take place within 30 days of the date on which we received payment from you for such product.
13.4 You must inform us, by contacting us using the information available on the “Contact Us” page on our Website 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.
13.5 You may be liable to pay us extra delivery charges if:
13.5.1 we 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;
13.5.2 you attempt to change the delivery address after the product has been dispatched to you; and/or
13.5.3 you fail to notify us in accordance with Clause 13.4 above of special circumstances which are relevant to your delivery.
13.6 Although 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:
13.6.1 relocate any of your existing furniture at the delivery address (and any such request for us to do is at your own risk); and/or
13.6.2 deliver the product to a precise location within the premises at the delivery address.
13.7 Notwithstanding 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.
13.8 We regret that we are not able to take away or dispose of any of your existing furniture (including, without limitation, any existing mattress).
- IF YOU CHANGE YOUR MIND (RIGHT OF WITHDRAWAL)
14.1 Unless you have ordered a product which was created to your specification or clearly personalised, you may cancel your order for any product without giving any reason within fourteen (14) calendar days after the day after you (or a third party indicated by you, other than the carrier) acquired physical possession of such product (or in the case of multiple products ordered in one order and delivered separately, after the day on which physical possession was thus acquired of the last product) by notifying to us your unequivocal decision to withdraw from this contract in writing pursuant to Clause 14. 2 or 16 below, in which case:
14.1.1 as soon as possible and, in any event, without undue delay and in any event within fourteen (14) calendar days from the day on which we are informed of your decision to withdraw (unless paragraph 14.1.3 applies), we will refund any sums paid to us by you, and any provider of credit facilities, as envisaged by Clause 12.5, in respect of the purchase price for the product and any charges for delivering the product to you with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement;
14.1.2 you must return the product to us at your cost (unless you qualify for freepost delivery pursuant to the provisions of Clause 16), and we request that you follow our returns policy, as set out in Clause 16 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £60 plus VAT for the cost of collection; and
14.1.3 you are under a statutory duty to take reasonable care of the product until it is returned to us, however you are only liable for (and we may deduct from the refund) any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold reimbursement (and the 14 day-deadline for refund, mentioned in paragraph 14.1.1 shall not start) until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
14.2 In order to exercise your right of withdrawal, you may use the attached model withdrawal form, which you can also fill in and submit electronically. If you submit the withdrawal form electronically we will communicate to you an acknowledgment of receipt thereof on a durable medium (e.g. by email or post) without delay. If you want to cancel before your product has been delivered we will endeavor to stop the shipment, although, if your order has already been processed for delivery we may not be able to prevent the product being delivered to you. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
14.3 If you want to exercise your right to cancel under Clause 14.1, after you have received the product from us, we request that you do not use the product and 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.
14.4 You may still be entitled to cancel the order, even after the fourteen (14) working days deadline set out in Clause 14.1 above 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 60-night trial (as described in Clause 14.5 below); or any other applicable “trial” promotion, as indicated on the Website or otherwise made known to you in a telephone discussion with us, whereupon you may cancel your order of such product by notifying us pursuant to Clause 16 below at any time until midnight on the final day of the applicable trial period, in which case we will refund any sums paid to us by you and any provider of credit facilities as envisaged by Clause 12.5, in respect of the purchase price for the product, provided that:
14.4.1 we will not refund the cost of delivering the product to you;
14.4.2 you return at your cost (unless you qualify for freepost delivery pursuant to the provisions of Clause 16) the applicable product to us in accordance with our returns policy, as set out in Clause 16 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £60 plus VAT for the cost of collection;
14.4.3 you 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
14.4.4 any such trial offer is valid only once per delivery address.
14.5 The 60-night trial, starting from the day of delivery, is only available for our standard size mattresses from our current Original, Cloud and Sensation Mattress Collections. Qualifying sizes are: Small Single, Long Single, Single, Double, King Size, Super King size, Mattress Topper 7 plus pillows if ordered with a mattress, and is not available for any product which has been customised for you in any way. The 60 night trial is not offered for any mattress sold by us, or purchased by you that has been designated as a ‘Special Size’, ‘Special Buy’, ‘Real Deal’ or ‘Clearance’ item.
14.6 Exchange: Subject to Clause 14.1 and unless you have asked for the product to be created to your specification or clearly personalised, you may request an exchange, which will only be offered if it is indicated as part of a “trial” promotion which is indicated on the Website or made known to you by phone, in which case you may exchange the product ordered for another product offered by us (on a like-for-like basis) by notifying us in writing (including by email) at any time until midnight on the final day of the applicable trial period, provided that:
14.6.1 you return the applicable product to us in accordance with our returns policy, as set out in Clause 16 below;
14.6.2 the replacement product is listed on our Website and you will either receive a refund of or pay the balance depending on the price difference between the product returned and its replacement;
14.6.3 you may only cancel such an order once – you may not order the same or a similar product on an exchange trial basis again; and
14.6.4 any such trial offer is valid only once per delivery address.
14.7 If 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 14.6 apply, you will be deemed to have accepted the applicable product. For further information on our trial products, please contact us using the information available on the “Contact Us” page on our Website.
- IF A PRODUCT IS DAMAGED OR FAULTY OR NOT WHAT YOU ORDERED
15.1 Please keep all the warranty or guarantee information that comes with your product as it may be needed if the product develops a fault.
15.2 We 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
15.2.1 we will repair it, if possible;
15.2.2 if it is not possible to repair it, we will replace it with an equivalent product, if possible; or
15.2.3 if 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, as envisaged by Clause 12.5 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.
15.3 If 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 and cancel any refund that you have requested, or if we have already refunded you, we may recharge you for the product and the original delivery costs, using the payment information provided to us when you placed your order; and charge you for the costs of returning the product to us and of redelivering the product to you.
15.4 If 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
- RETURNS POLICY
16.1 If you want to return a product please use email us 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).
16.2 Notwithstanding Clause 16.2, we reserve the right, at our sole discretion, to charge you for our direct costs incurred in relation to the return of products to us. If a collection is arranged but you do not make the products available for collection on the day, a charge of £60 +VAT will be payable.
16.3 Please 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. Should you wish, 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.
16.4 Subject to Clauses 14.1 and 15, if you ask us to collect products which have been soiled or damaged since they have been delivered to you, 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.
We 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.
- USE OF PRODUCTS
18.1 You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
18.2 You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
19.1 Nothing in these Terms and Conditions excludes or limit our liability for:
19.1.1 death or personal injury caused by negligence;
19.1.2 fraud; or
19.1.3 any 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.
19.2 To the maximum extent permitted by law:
19.2.1 the Website and the Content are provided “as is” without any warranties of any kind;
19.2.2 the 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
19.2.3 we exclude all other express and implied representations, warranties, conditions and other terms relating to the Website, the Content and the products.
19.3 The 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:
19.3.1 the amount paid by you for the product; and
19.4 We, 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:
19.4.1 any indirect, punitive or consequential loss or damages;
19.4.2 any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
19.4.3 any 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;
19.4.4 any 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
19.4.5 any 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.
- INVALIDITY AND WAIVER
20.1 If 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.
20.2 If 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.
- 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.
- TERMINATION AND SURVIVAL
22.1 Except 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.
22.2 This Clause 22 and Clauses 1, 2.2, 2.3, 2.4, 2.5, 3, 4, 8, 18, 19, 20, 21, 23, 24 and 25 shall survive a termination of an agreement under these Terms and Conditions for any reason.
We 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.
- GOVERNING LAW AND JURISDICTION
These 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.
- ENTIRE AGREEMENT