Terms and Conditions
These terms and conditions ("the Terms") govern the users ("you", "your" or "customer") use of the website www.choosesleep.co.uk ("the Website"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms. The products on this Website are provided by Choose Sleep, 15 Brook End, Rugeley. WS15 4PB.
We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
As confidential and will only disclose the same in the circumstances set out below and,
In accordance with Data Protection legislation from time to time in force in England and Wales.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing and delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office and collected lawfully in accordance to the Data Protection Act 1998. We will use your personal information for the following purposes:
Processing your orders
To administer this Website
For statistical purposes to improve this Website and its services to you
If you have not objected during the registration process, to notify you of products or special offers that may be of interest to you
If you have not objected during the registration process, to disclose to other members within our group of companies and also to other relevant third parties, who may contact you about their products or services that may be of interest to you
If you have not objected during the registration process, but do not want us to
Contact you regarding products or services which may be of interest to you
To transfer your data to group companies and third parties so that they can contact you about their products and services then please contact us and notify us accordingly.
Subject to your rights of objection, you agree that personal information may be disclosed to other businesses within our group of companies and to reputable third parties who will help process your order. In addition, you do not object to us, our group companies or third parties contacting you for the purposes set out above, whether this be by telephone, e-mail, SMS or in writing and you do not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
You should be aware that if the police requests us or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
When you place your order you are automatically connected to our secure server using SSL encryption technology. This ensures that the information you send cannot be read by anyone apart from our e-commerce team. To check you are in a secure area of our site please look at the bottom of your browser and you will see a closed padlock. On newer browsers the padlock may be located near the top of the window next to the web address. When submitting your order you are confirming to purchase goods and allowing us to use your personal details for the purpose of supplying goods.
Privacy - Customer Data
As customers are our most valuable asset we protect their details as required by UK Data Protection Acts 1984 and 1998, we follow strict security procedures in storage and disclosure of information that you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose information to you. If you place an order and do not wish us to use your details, then you can tick the box which features on the Cardholders Address and Contact Details page before you press continue.
Privacy - Website monitoring
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and
Any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
6. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material, which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
When you place an order on this Website, this represents an offer by you to purchase goods. We are under no obligation to accept such an offer. When you submit your order you are allowing Choose Sleep to use your personal details to fulfill your order. Following your order you will be sent an acknowledgement email. This acknowledgement is NOT an order confirmation or order acceptance from us but simply an acknowledgement that your order has been received. Acceptance of your order and the completion of the contract between you and us takes place on dispatch to you of the goods ordered unless we have notified you that we do not accept your order or you have cancelled it. We do not file the details of your order therefore please print out these Terms & Conditions and the order acknowledgement for your own records. Please note that once an order has been placed we are unable to cancel the order or make any amendments to the address or items ordered. For quality and training purposes, your communications with us may be monitored.
8. Price and Payment
Payment is taken once we have established that we can fulfill your order and checked details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and we will where possible send substitute goods. In the event of such failure to supply goods or your return of substitute goods that you do not accept a full refund will be given where you have already paid for the goods. Title to any goods you order on this Website shall pass to you on delivery of the goods provided we have processed and received payment in full for the goods. All prices quoted are in Pounds Sterling and include VAT (where applicable) at the applicable current rates. Prices are continually reviewed and may result in some prices showing differently on our Website from one day to the next. The price you pay is the price displayed on this Website at the time we receive your order apart from the following exception. Whilst we try to ensure that all prices on our Website are accurate, errors may occur. Please note that some time-restricted offers are only available online, not on orders placed by post or phone. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The price of items in your shopping basket are the most recent prices shown on the product's detail page. You should note that this price may differ from the item's price when you first added the item to your basket. Adding an item to your basket does not reserve that price for you. An item is not reserved for you when you place it in your basket. The product is only reserved for you when we receive your order
9. Delivery and Fulfillment
For delivery within the UK will incur a delivery charge. This is clearly communicated on the home page and within checkout. It may vary depending on promotional activity.
We aim to deliver within 2 - 5 days using Royal Mail.
Please allow a further 2 days before you query a non-delivery. Orders are welcome for delivery to UK and European addresses only.
We regret that we cannot deliver to PO Box numbers. We will use reasonable endeavours to meet these estimated timescales however sometimes delays may occur. We shall not be liable to you for any such delay or failure to deliver the goods within these estimated timescales.
Risk of loss or damage of or to the goods passes to you on the date when goods are delivered or on the date of first attempted delivery by us.
10. Moneyback Guarantee & Returns Policy
If for any reason you would like to exchange or return your items you can do so as long as they are in original condition, unworn and with tags attached.
We will be happy to exchange items or issue a refund. Customers must return items for a refund or exchange within 14 days. Please note: we do not refund postage and packing costs unless we have made a mistake. Please fill out the returns form on the back of your invoice or in your return parcel including your name, address and email.
We recommend using recorded or registered post to return items to us. Please note it is the sender's responsibility to ensure the goods arrive safely.
Once your return has been received by us, it may take up to 7 days to process your refund or exchange claim. You will be emailed once your refund has been processed and it may take up to 3 working days to appear in your account, depending on your bank's transfer time frames. We can only credit the card or account that was used to make the original purchase.
11. Right to Cancel
Statutory rights The Consumer Protection (Distance Selling) Regulations gives you the right to a 'cooling off' period, i.e. a right to cancel your order within 7 working days following the day of receipt of the goods and return them for a full refund. This applies to all our goods. It is your responsibility to give notice of your wish to cancel within this cancellation period by email. The goods must be returned in mint, saleable condition at your expense and we would recommend for your own protection that you use a recorded delivery service. Amendments to our services and Terms & Conditions We reserve the right to make changes to our Website, policies, and Terms & Conditions. Any changes will be posted on our Website. It is your responsibility to check whether the Terms & Conditions have been revised, as use of our site after the date of any revision notice shall be deemed to constitute your acceptance of the revised Terms & Conditions.
12. Intellectual Property
You acknowledge and agree that all copyrights, trade marks and all other intellectual property rights in the materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors. You acknowledge and agree that the material and content contained within this Website is made available for your personal non commercial use only and that you may only download such material and content for the purpose of using this Website. Permission is granted to electronically copy and to print in hard copy for the purpose of placing an order. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and 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.
Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by our negligence. Whilst we will use reasonable endeavours to verify the accuracy of any information on the Website it is provided on an "As Is" basis and we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website 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 accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. Other than as expressly provided in these Terms & Conditions any indemnities, warranties, terms and conditions (whether express or implied by statute, common law or otherwise) are hereby excluded to the fullest extent permitted by law. We will not be liable, in contract, tort (including, without limitation, negligence), pre contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms & Conditions for any of the following: loss of profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss, damage to or corruption of data or any indirect or consequential loss whether such losses are direct, indirect, consequential or otherwise. Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount payable by you for the good(s) in respect of one incident or series of incidents attributable to the same claim. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access of information provided by you.