TERMS AND CONDITIONS

These terms and conditions of sale constitute a binding agreement between Bed Obsessions Ltd T/A MEMORY-FOAMMATTRESS.CO.UK (us/we) and its customers (you) which applies to all purchases of items by you from the MEMORY-FOAMMATTRESS.CO.UK website.

Access;
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

We reserve the right to;
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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.

Purchase of Products;
All orders are subject to acceptance in accordance with our order acceptance policy.

Contract Creation & Electronic Contracting;
The technical steps required to create the contract between you and us are as follows:

- You place the order for your products on the 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.
- The majority of products are shipped direct from memory-foammattress.co.uk.

-Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy.

Description of Goods;
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

All sizes quoted are approximate. The illustrations of colours and covers are representative only. We make every effort to ensure that colours are as close as possible to the actual colours however there may be slight variations due to the nature of the medium. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation.

Prices;
All prices listed include VAT (Value Added Tax) at the UK standard rate of 17.5%. Due to circumstances beyond our control prices may have to be increased or decreased including any alterations to VAT. The correct price you will pay will be on your printed order confirmation.
Any special offers will be priced accordingly showing the specific period this item is on special offer for.

Payment;
All orders are payable in full before delivery. Interest is chargeable on unpaid balances. memory-foammatress.co.uk will continue to own and reserve the right to repossess any goods sold under contract until payment has been received in full.

We accept all major credit cards/debit cards VISA, Delta, Mastercard, Switch and Solo. We unfortunately cannot accept AMEX or Diners Club.

You confirm that the credit or debit that is being used is yours.

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, we will not be liable for any delay or non-delivery.

Order Acceptance Policy;
Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy.

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
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions

If there are any problems with your order, you will be contacted by our Customer Services Representatives.

The sales contract is therefore completed in England.

We reserve the right to reject any offer to purchase by you at any time.

Refusal Of Transaction;
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

- Be over 18 years of age
- Stipulate a delivery address in the United Kingdom including postcode. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
- Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

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.

Delivery;
We aim to deliver all goods within 14 working days from receipt of order. If for any reason this deadline cannot be met, you will be contacted immediately.

Other reasons for delay could be:
- During holiday periods i.e. Christmas, Easter.
- The delivery address is in an area of inaccessibility. Inaccessible areas are defined as follows: Postal Codes beginning with KW, IV, PH, PA. For deliveries in these districts you should allow an extra 10 working days for delivery.

- Unforeseen circumstances, such as acts of god, strikes or delays by suppliers.

If for any reason the 14 working day deadline cannot be met you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund.

We offer FREE week day delivery on all products on the UK mainland, deliveries to Scottish Islands and Isle of Wight can be arranged but at an additional cost. We can deliver on Saturdays for an etra cost of £30 per item.

Failed Delivery Attempt;
In the event of a failed delivery ie. you were not in when we attempted delivery, please phone memory-foammattress.co.uk direct on 01785 254900 and we will re-arrange delivery for another mutually convenient day. Although we reserve the right to recoup transportation costs for the return trip.

Returns & Cancellation Policy;
If your goods are incorrect, faulty or damaged on delivery we will either exchange the product or issue a full refund within 14 days of your delivery. 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 choice of either exchange to another product or collection and refund of the goods. Although we reserve our right to recover the cost of collection, which would be deducted from the refund amount. The charges for collection would be as follows:

Single sized item £30 (per item)
Double sized item £35 (per item)
King sized item £40 (per item)
Super King sized item £45 (per item)

You need to ensure that all reasonable care is taken of the goods whilst in your possession, and where possible original wrappings must be retained and used for collection.

The collection of cancelled goods will be completed by memory-foammattress.co.uk, who will liaise with you to arrange a mutually convenient day for collection. Once we have received goods and have been collected and returned in good condition, we will issue the relevant refund.

Guarantee;
memory-foammattress.co.uk offer a 5 year guarantee on their Mattresses.

In the unlikely event that a problem should arise due to either faulty material or poor workmanship, during the first year they promise to replace any part or all of the product that is defective completely free of charge.

During the second year, replacements will be free of charge, but will attract a contribution to the transport costs.

In subsequent years, there would be a charge levied for the replacement of the faulty item. The charges are based on a sliding scale, the older the item is, the more you would need to contribute towards the replacement, which would be calculated as follows;

2 - 3 years [40% of the current retail price]
3 - 4 years [60% of the current retail price]
4 - 5 years [80% of the current retail price]

In order to validate this guarantee, you would need to comply with the Warranty Conditions.

Under the law, the Contract of Sale exists between us the retailer and you the consumer. Consequently, if you have cause to complain, please contact us on 01785 254900, quote your order reference number and outline the nature of your complaint.

Warranty Conditions;

We are unable to accept items that are either soiled or un-hygienic. Therefore, please ensure that you use a mattress protector/cover from the first day of use.

The guarantee is void if a fault results from misuse of the product. Examples of misuse would include;

- Use without bed linen
- Subjecting the product to excessive wear and tear, e.g. jumping up and down on the bed.
- Using the mattress with a base for which it was not designed (e.g. an old sprung base)
- Rolling or bending the mattress.
- Overloading the drawers in the divan and causing distortion of the base

Wherever possible, any replacement will be made of identical material. However, if no longer available, Silentnight reserve the right to substitute appropriately with a similar material or one of higher quality.

Exceptions;
Products not covered by the 5 year guarantee such as Pillows & Mattress Toppers, are covered under a 12 month guarantee against faulty materials or workmanship.

Intellectual Property & Right to use;
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Limitation of Liability;
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.

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), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the 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.

Registered Office:
Bed Obsessions Limited T/A memory-foammattress.co.uk, The Turnpike, 22 Stone Road, Stafford, Staffs. ST16 2RQ

Company Registration Number: 5345121

Company VAT Number: GB 854 9239 88.