Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 10.2;
(b) Goods: the goods that We are selling to you as set out in the Order;
(c) Order: your order for the Goods;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Sleep Penguin Limited, a company limited by shares and registered in England and Wales with number 13891859, with a registered office at Minerva House Queensway, Bletchley, Milton Keynes, England, MK2 2DY.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
1.3 These Terms will apply to any contract between us for the sale of Goods to you (Contract).
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us.
2.4 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when We communicate with you to the effect that We are able to provide you with the Goods, at which point a contract will come into existence between you and Us.
2.6 If any of these Terms conflicts with any term of the Order, the Order will take priority.
2.7 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.8 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Their content does not form part of the contract between Us and you. The images on the web site are for illustration purpose only. In particular, the colour of the Goods may differ in reality from their representation on any website, catalogue or brochure. Similarly, patterns of material may vary, in particular those of mattress covers.
The tension rating (firmness) of mattresses is a subjective indication and is for general guidance only. Unfortunately, We do not accept orders from, or deliver to, addresses outside the UK.
2.9 All dimensions and measurements indicated on Our website or in Our catalogue or brochure have a tolerance of plus or minus 2 centimetres. Manufacturers will use the metric system for measurement purposes. Please note Metric and imperial sizes are not exact equivalents.
2.10 It may occasionally be the case that as technology and manufacturing processes advance that there may be a slight variation to specification that will improve the product/s within your Order. A manufacturer may change the specification to enhance the performance of the product.
2.11 It is often the case with new mattresses that they will require a 'bedding in' period of 8 to 12 weeks to allow the fillings to settle and the mattress to gently expand to the correct size.
Additionally, on occasion new mattresses may carry an odour for up to 6 to 8 weeks. This may be due to the fire retardancy, a legal requirement, and the newness of materials. This odour will gradually dissipate with airing.
2.12 All images on Our web site are for illustration purposes only. Unless clearly stated on the website, headboards will not normally be included with a divan bed. If a head board is required this will need to be selected as a separate item on your order.
2.13 If you are purchasing a mattress that will be placed on your existing bed frame we recommend that the slats are no more than 6cm apart.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, you can choose to cancel the contract in accordance with clause 11.
3.3 You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us, except in the case of a special made Order. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11. In the case of a special made Order, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is accepted by Us. We regard ex-display Goods as being a special made Order.
4. DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time in difficult to reach post codes.
4.2 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens.
4.3 Collection of goods not offered.
4.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us with signed proof of delivery received.
4.4(a) Please be aware that in the case of Fast Track/Next Day deliveries these will usually be delivered to the entrance of your property and will not be carried to the room of choice.
4.5 If no one is available to take delivery at the address given by you, Goods will be returned to Our premises. You may be subject to a charge for re-delivery.
4.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in installments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in installments, We may charge you extra delivery costs. Each installment shall constitute a separate contract governed by these Terms. If We are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
4.7 The Goods will be your responsibility from the completion of delivery.
4.8 You own the Goods once We have received payment in full.
4.9 Please note delivery dates shown are for working days only: Monday to Friday excluding Saturdays, Sundays & Bank Holidays. Please take this in to account when considering delivery lead times.
5. IF THE GOODS ARE FAULTY
5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.2 To help us ascertain the nature of the fault we may ask you to provide evidence to us in the form of an image that can be either sent to our address or emailed. Failure to provide this evidence may prevent Us from progressing the issue.
5.3 An independent inspection is available, conducted by the an Independent Furniture Specialist if you state that the Goods are faulty, We would normally ask to undertake an inspection of the Goods at your home to establish the nature of the alleged fault.
5.4 If the Goods have not been accepted and are faulty, you are entitled to reject the goods and claim a full refund or request a repair or replacement. In some circumstances we may offer a partial refund or a reduction in the purchase price.
5.5 In the case of a replacement being offered this will be of equivalent quality or better than the original product purchased from the manufacturer's current range.
- Please email our Customer Service Department in the first instance. firstname.lastname@example.org.
- Your case will be personally managed by a dedicated member of our Customer Service Department.
- You will be asked to complete a Customer Care Form and if appropriate include images.
- We will then investigate your case and come back to you with feedback as quickly as possible.
- You will receive information regarding next steps, in most cases within 48 hours.
- As stated above, in some cases we may decide that it is necessary to refer your case to the manufacturer of your product and undertake an Inspection of the issue.
6. SELLER'S GUARANTEE OF GOODS
6.1 We guarantee that on delivery and for a period of at least 12 months from delivery, the Goods shall be free from substantial defects. Normally, the manufacturer of the Goods will also guarantee the Goods for a period of up to 5 years and you have the benefit of that guarantee for the specified period. However, these guarantees do not apply in the circumstances described in clauses 6.2, 11.2 or 11.3.
6.2 Guarantees do not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to take care of or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
(e) any specification provided by you.
(f) Roll-up Vacuum Packed Mattresses: You must unroll the mattress within 1 month of purchase to ensure it expands to its full flat size and the foam or springs recover to their intended comfort.
6.3 Please note Guarantees are only applicable to goods in Main Land UK addresses.
7. LEGAL RIGHTS
7.1 The guarantees under the Contract or from the manufacturer are in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be set out in Our price list in force at the time that We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have already confirmed with you.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered).
8.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious, or could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
8.5 Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card.
8.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
8.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.6 will not apply for the period of the dispute.
8.8. When a free promotion is offered, i.e. Free pillows, you cannot request that the free promotional offer be given in monetary value.
8.9. Gifts/promotional items that are given away in conjunction with a purchase will generally be despatched to you separately. Gifts/promotional items will be despatched after 7 working days, and may take up to 28 days for delivery. Delivery of gifts/promotional items will not be honoured for any orders cancelled. Should you not receive your free gift within 28 days, please Contact Us.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable, or any consequential loss including loss of profit or income. Loss or damage is foreseeable if the same were an obvious consequence of our breach or if the same were contemplated by you and Us at the time when we entered into this contract.
9.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; and
(f) breach of the terms implied by section 13 of the Supply of Goods and Services Act 1982 (reasonable skill and care).
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
(c) We advise customers not to dispose of their existing bed prior to delivery of the new bed.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 12.
10.5 We are not responsible for damage to your property caused by third parties, including couriers. Your remedy in such cases lies with the insurers of the third party.
10.6 It is your responsibility to ensure that it is possible to get the Goods into the room of choice in your home (or other specified premises). We cannot be held responsible for failure to get the Goods into the relevant room when it is physically impossible so to do. If We have to return to Our premises with the Goods, we reserve the right to charge for the carriage of the Goods from your home (or other specified premises) back to our distribution depot.
11. YOUR CONSUMER RIGHT OF RETURN AND REFUND
11.1 If you are a consumer and you have ordered the Goods Exclusively by email, phone or from our website, clauses 11.1 to 11.9 apply and you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2014 during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the Following cases:
(a) Any products made to your specification or clearly personalised.
(b) In the case of mattresses, if the packaging has been un-sealed, for reasons of health and hygiene these items by their Nature cannot be returned unless faulty. Please note that we cannot accept a return or cancellation once a mattress has been slept on.
11.3 Your legal right to cancel a Contract starts from the date of confirmation of the Order. If the Goods have already been delivered to you, you have a period of 14(Fourteen) callender days in which you may cancel, starting from the day after the day you receive the Goods.
11.4 To cancel a Contract, please tell Us by e-mail Us at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send Us your cancellation notice by e-mail, then your cancellation is effective from the date you sent Us the e-mail to Us.
11.5 You will be required to arrange the return of your order within 14 calendar days from the date of cancellation. You will receive a full refund of the price you paid for the Goods Only. We will process the refund due to you as soon as your returned order has been received by Us. If you returned the Goods to Us because they were faulty or miss-described, please see clause 11.6.
11.6 In the case of Faulty goods We can only offer to collect them from a UK mainland address. Please note; we will not be liable for any cost incurred if you need to return products from outside mainland UK.
11.7 We will refund you on the credit card or debit card used by you for the original payment and in accordance with the Consumer Right Directive we will refund you within 14 days.
11.8 If the Goods were delivered to you:
(a) Please inform us in writing if you wish to return the goods. You must return the Goods to us as soon as reasonably practicable.
(b) Unless the Goods are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the goods to us. In this case the costs incurred will depend on the size, weight, number of packages and Your post code address. National Couriers may charge in the range of a minimum of £50.00 for the delivery of a mattress only. Please note we do not provide a collection service in this case.
(c) You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession (and clause 11.12 shall also apply).
11.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in this clause 11.
11.10 If you are a consumer and you have ordered the Goods during or following a visit to our premises, unfortunately we will not be able to accept cancellation of Your order.
11.11 Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than Goods that are a special made Order), including where you choose to cancel because We are affected by an Event Outside Our Control:
(a) you may cancel any Order for Goods at any time before We dispatch the Goods by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 11.11(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
(c) unfortunately, if you cancel an order and We have already dispatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. Any return charges applicable will deducted from the refund that is due to you.
(d) If you wish to refuse delivery of your order please contact our office by e-mail to firstname.lastname@example.org immediately for advice. Please be aware that the cost to You of return/collection will range from £50.00 for mattress only to £100.00 depending on the size and weight of the item and your post code address. Furthermore, if your delivery address is is in a Premium post code area their may be further costs involved to You. In this case any return costs will be deducted from the refund due to you,
11.12 In regard to all sales where you wish to return the Goods, you must keep the Goods in good condition, including by not using them, and where possible retain the packaging which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty or miss-described). In particular, duvets, mattresses and bedding must not have been used and must be in the original sealed packaging.
11.13 If We have provided installation services for Goods that are not a special made Order, We shall charge a de-installation charge if such Goods are to be returned to Us, in addition to any carriage charges, for any reason (unless the Goods are faulty or mis-described).
12. OUR CANCELLATION RIGHTS
12.1 If We have to cancel an Order for Goods (including special made Order) before the Goods are delivered:
(a) We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock (We will promptly contact you if this happens);
(b) if We have to cancel an Order under clause 12(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you; and
(c) where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 12(a), We will not charge you anything, and you will not have to make any payment to Us.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a company registered and Our details are in clause 1.1(e).
13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at email@example.com
13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to the address in clause 1.1(e) or to Our shop. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, as well as promotions we offer from time to time, but you may stop receiving these at any time by contacting Us.
14.2 We will not give your personal data to any third party.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.