Easy Sleep Company On-Line Terms and Conditions

The terms and conditions of sale that follow form a binding agreement between the easy sleep company (us/we/our) and its customers (you/your), which pertain to all purchases of products by you from the easy sleep company website.

The customer is provided with access to this website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions. The easy sleep company reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof including these terms and conditions) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website. Any error or omission in any sales literature shall be subject to correction without any liability on our part. Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the easy sleep company. Any representations made by the easy sleep company employees or agents (including customer services) concerning the products shall not be incorporated into the contract unless confirmed by the easy sleep company in writing and in entering into the contract you acknowledge that they do not rely on and waive any claim for breach of such representations which are not so confirmed.

You can place your order: By telephoning customer services; or via our website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us. Order acceptance will take place once you have received an order confirmation from us, unless prior to your receipt of our order confirmation. Non-acceptance of an order may be a result of one of the following: Our inability to obtain authorisation for your payment; The identification of a pricing or product description error; The delivery address is in an area of inaccessibility; The product(s) you have ordered are out of stock (whether temporarily or otherwise); Delivery is delayed for reasons beyond our control. Your failure to: be over 18 years of age; stipulate a delivery address in the United Kingdom or including a postcode; to possess a valid credit or debit card issued by a bank acceptable to us; If there are any problems with your order, you will be contacted by customer services. Prior to acceptance by us, we reserve the right at any time and at our sole discretion to: withdraw any product(s) from this website; and/or remove or edit any materials or content on this website; reject any order.

We will update you by e-mail or telephone as to the progress of your order, advising you of the anticipated delivery date, and contact you by email or telephone once your product(s) is (are) ready for dispatch. We will offer you a choice of either accepting with the estimated delivery date or cancellation with a full refund. We have broken down our delivery procedure into 2 steps, which should ensure a smooth, and efficient delivery service:

1) Order confirmation: 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: Your name, delivery address, telephone numbers and postcode are correct. The products are correct, (including, colours, quantities required etc.) The financial details total correct. If you do not receive an acknowledgement or if you find any errors, phone or e-mail customer services using the contact details set out below.

2) Delivery of your product(s): Following successful completion of steps 1, delivery will take place on the confirmed day. 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: During holiday periods IE; 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, labour disturbances, trade disputes, government action, delays by suppliers or any other cause whatsoever beyond our control;The product(s) that you have ordered are not in stock. 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, and will not be delivered to your specific door of your premises within the building or basement. Please also note that national carrier personnel cannot and will not enter your premises or any building leading to your premises, assemble your new products or dispose of your old products.

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 and if you find your products to be faulty or damaged and within 7 days of receipt you report the alleged fault or damage, then we will 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 for any other reason, or change your mind, and notify us within 7 working days of delivery, we will offer you a cancellation and refund of the product(s). However, on REPLACEMENTS and CANCELATIONS we reserve our right to and will generally seek to recover the cost of return, which would be deducted from the refund amount or added to any upgrade. The charges for collection are as follows: £75per item. 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 well and in their original wrappings. Product(s) will remain the responsibility of you until they are received by us, following which we will refund payment, provided always that the product(s) are received by us undamaged. You need to ensure that all reasonable care is taken of the product(s) whilst in your possession, and original wrappings must be retained and used for collection. The collection of cancelled product(s) will be completed by national carrier, who will liaise with you to arrange a mutually convenient day for collection. Please ensure that these product(s) are wrapped well and in their original wrappings prior to collection by national carrier. Product(s) will remain the responsibility of you until they are received by us, following which we will refund payment, provided always that the product(s) are received by us undamaged.

The price listed includes VAT (Value Added Tax) at the UK standard rate of 17.5%. If at any time we deem it necessary to decrease the price, we shall have the right to give written notice of such decrease to you decreasing the price following which such decrease shall be subtracted from the price accordingly. 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 VISA, Delta, MasterCard, Switch and Solo. We use secure web pages and offer the use of our secure real time credit card transaction server. 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 to clause 6 above, 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. The manufacturer's guarantee terms will contain warranties relating to the quality of their product(s). In the unlikely event that any breach of warranty should arise due to either faulty material or poor workmanship, during the first year, the manufacturer promises to replace any part or all of the product that is defective and ensure delivery completely free of charge. 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.