Welcome to the “www.thelondonsleepcompany.com” website (the “Website”) Terms and Conditions.
The London Sleep Companyltd is a company registered in England and Wales with registration number 10476694 and our registered office is 20-22 Wenlock Road, London, N1 7GU. The London Sleep Company (“we”, “us” or “our”) provides the services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below. By using any part of this Website (including completing your customer registration with us and/or placing an order on the Website) you agree to be bound by these Terms and Conditions.
These terms and conditions are applicable to the supply of products made by us to the buyer, hereafter referred to as the “Customer”, “you” or “your”.
These terms and conditions and your use of the Website are governed by English Law and you agree to submit to the exclusive jurisdiction of the English Court. This does not affect your statutory rights.
Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.
Unless the context otherwise requires:
Words importing the singular shall include the plural and vice-versa;
Words importing the masculine gender shall include the feminine gender and vice-versa;
References to clauses shall be construed as references to clauses of these Terms and Conditions
Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
2. Basis of the Sale
We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing, each such sale will be subject to these Terms and Conditions.
No order submitted by you shall be deemed to be accepted by us unless and until confirmed by email or in writing by us.
No variation to these Terms and Conditions shall be binding upon us unless and until agreed by email or in writing by us.
Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3. If We Cannot Accept your Order
If for any reason we are unable to accept your order, we will inform you of of this and we will not charge you for the product(s). Reasons for being unable to accept an offer may include the product being out of stock, unexpected limits on our resources which we could not reasonably have foreseen, the identification of an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified.
The quantity and description of the goods will be those set out in your Order (if accepted by us) and on the relevant page of the Website.
You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our Website.
You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
We reserve the right to make any changes in the specification of the goods and products which are required to conform with any applicable statutory or EC requirements and/or to reflect changes in relevant laws and regulatory requirements.
5. Right to Cancel
You have a cooling off period of 14 days after the date on which you have received the goods to cancel the contract, and return the goods at your cost and receive a full refund of the purchase price (less the original delivery charge).
During the cooling off period, any cancellation must be given by written notice by either party.
Products must be returned in their original condition. Original condition means that there is damage or marks on the product and the product’s packaging has not been opened, used or damaged and the product is in a condition that is deemed by us to be re-saleable.
The right to cancel this contract will not apply in respect of personalised goods or goods made to your specification.
6. Products and Packaging
Any images of the products shown on our Website are for illustrative purposes only. The packaging of the product may vary from that shown in images on our Website.
7. Making Changes
If you wish to make a change to the product or products ordered, please contact us. We will then be able to confirm if the change is possible. If we can accommodate your request, we will let you know about any changes to the price of the product or products, the timing of dispatch or anything else that may be necessary as a result of the requested change. We will then ask you to confirm whether you still wish to go ahead with the change.
The price of the goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
The price of the Goods does not include postage or packaging. Postage and packing prices will be charged in addition to the price of any goods. This charge will be clearly shown at time of checkout and on the Order form.
All prices are quoted in sterling and are inclusive of any applicable value added tax (VAT).
Online payment will be provided in a secure environment through online payment processing platform, Stripe. Payments must be made in sterling and by one of the following card payment methods – Visa, MasterCard or American Express – or through PayPal.
Upon providing us with details of the Payment Card/payment method and submitting the Order you:
Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
If it is not possible to obtain full payment for the Goods from your account, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
We will retain ownership of the goods until full payment has been made and funds have cleared.
If a due payment is missed/declined but we continue to provide the products, we can still require payment at a later date.
Where Goods are returned by you in accordance with your rights under the provisions of Clause 12, we shall credit the Payment Card with the appropriate amount.
We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer.
10. Passing of Property
We will retain ownership of the Goods until full payment has been made and funds have been cleared.
11. Passing of Risk
The risk in the goods will pass to the Customer on delivery.
Delivery of the Goods shall be made by us or our choice of carrier to the delivery address shown in the Order Form, as provided by the Customer.
Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the date on which we accept your order.
If our supply of your order is delayed by an event outside our control, we will contact you as soon as reasonably possible and we will take steps to minimise the effect of the delay. We cannot be held responsible for delays beyond our control. If there is a risk of substantial delay, you are entitled to contact us to end the contract and receive a refund for any products you have paid for but not received.
If the order contains multiple products and we are unable to fulfil delivery of the whole order but are able to deliver part, we will contact you and inform you of this. Delivery will then be on a mutually agreed date. If this is the case, delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery costs.
13. Cancellation and Returns
Non Faulty Products
At The London Sleep Company, we want you to be happy with every purchase you make with us. If you aren’t completely satisfied or you change your mind, you may return any product in its original condition for a full refund (less any original delivery costs) or replacement (as appropriate) within 30 days. Original condition means that there is damage or marks on the product and the product’s packaging has not been opened, used or damaged and the product is in a condition that is deemed by us to be re-saleable.
Original delivery charge will not be refunded.
We cannot cover the cost of returning the product to us.
In accordance with your statutory rights, you may return products:
Where there has been an error in the description or the price of the product(s) ordered or where they are otherwise not as described.
The product(s) is faulty (for example, of unsatisfactory quality or unfit for purpose)
You will be entitled to a choice of either refund or replacement where the products are returned to us within 30 days of purchase. After 30 days you are entitled to a replacement product only.
Please contact us if you wish to return your product and we can provide return details.
Please fill in and enclose the form located in your account under ‘my orders’ in your return package.
Where non-faulty products are being returned, you must arrange for and pay the costs of returning the products to us. If the product(s) you are returning are faulty or damaged, we will refund the reasonable costs of returning your order provided that you supply us with a delivery receipt.
Please ensure that the package is wrapped securely. For your protection, we recommend that you use a recorded delivery service as we cannot accept liability for goods lost in transit.
If you require a refund, we will refund the price paid by you for the products within fourteen (14) days of receiving your returned products.
Where products have been purchased as a set, they can only be returned as a complete set, in their original packaging, and not as individual items.
Where products have been given as a gift, they can only be returned by the original purchaser.
When returning goods which were purchased using an offer or discount, we will adjust the refund accordingly if you fall below the offer/discount threshold, as that offer or discount will no longer apply.
If you made your purchase through a retail location, please return to the place of purchase. Any returns will need to be made directly to the relevant retailer and in accordance with their returns/cancellation policy. They should not be returned directly to us.
14. Our liability
If we fail to comply with the terms set out here, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply, or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if either it is obvious that it will happen or if, at the time the contract was entered into, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
If you are a consumer, we only supply our products for domestic and private use.
If the Customer is a business, our total liability for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, shall be limited to 100 per cent of the total sums paid by the Customer for products under such contract.
We assume no responsibility or liability for the contents of any other websites to which this Website has links.
If you wish to make a complaint, please email us on firstname.lastname@example.org
16. Third party links
We assume no responsibility or liability for your use of any other websites which may be accessed via links within this Website. We do not control these websites and as such have no responsibility for their content. Such links are provided merely as a services to users and their inclusion does not constitute or imply an affiliation with, or endorsement by, us.
While The London Sleep Company uses its reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and The London Sleep Company will not be responsible for any errors or omissions or for the results arising from the use of such information.
Whilst we use all reasonable endeavours to ensure a fast and reliable service, we cannot guarantee that your use of this Website will be free of interruptions or errors and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
The London Sleep Company may transfer our rights and obligations under these terms to another organisation. If this happens, we will always tell you in writing and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a likelihood of breach of contract if you were to transfer your rights or obligations.
This contract is between the Customer and The London Sleep Company. No other person shall have any rights to enforce any of its terms. Neither party will need to acquire the agreement or permission of any other person in order to end the contract or make any changes to the terms.
No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement.
Each of the paragraphs, clauses and sub clauses of these terms operates separately. If any court or relevant authority decides that any of them are void, invalid, unlawful or unenforceable, the remaining paragraphs, clauses and sub clauses shall remain valid and enforceable and will remain in full force and effect.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute of claim.
Any promotions are subject to availability, while stocks last. The London Sleep Company reserves the right to change any and all offers and promotions at any time.
Postage does not count towards basket total.
Offers cannot be claimed in conjunction with any other offers.
Discounts cannot be redeemed for cash.
No price adjustments or partial reimbursements will be made on previous purchases.
19. New User Offer:
One use per customer.
Cannot be redeemed for cash.
Discount can only be applied to products. This promotion cannot be applied to postage.
Offer only valid on full-priced items. Bundles and Sale items are excluded. Not available in conjunction with any other offer. Please note that discounted items cannot gain further discount with this code. Offer available exclusively online at www.thelondonsleepcompany.com. Subject to availability, while stocks last.