Call Us On 0845 838 7338 Or Contact Us

Welcome to the and sleep.co.uk website terms and conditions for use.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email, or call us on 0845 838 7338 weekdays, 9am to 5pm. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.

These terms and conditions will apply to all orders for Products which are being delivered within the UK.

Definitions

  • Conditions– means these terms and conditions and the Special Conditions
  • Product – means a product displayed for sale on the Website
  • Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
  • Special Conditions – means the terms and conditions in the Product Description
  • Users – means the users of the Website collectively
  • Personal Information – means the details provided by you on registration
  • We/us – means ‘and sleep’
  • Website – means the website located at www.andsleep.co.uk or any subsequent URL which may replace it
  • Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
  • United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
  • You – means a user of this Website.

Use of the 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.

Registration

You warrant that:

  • The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

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; and/or
  • change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Recommendations

When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.

Please see our Privacy Notice if you’d like more information on how we use your personal data to recommend products to you.

 

Privacy and cookies

We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

If you’d like to read more on how and where we collect or how we use your personal data, please see our Privacy Notice

In the Privacy Notice, you can also find out how to stop receiving marketing information.

Please see our cookies policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data on and sleep.co.uk

 

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

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.

 

Ordering, cancelling and returning products

Orders

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.

 

Contract creation and 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 checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
  • We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance
  • Order acceptance and the completion of the contract between you and us will take place when the products order have entered production unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions below.
  • For most orders your credit/debit card will be charged when the order is initially placed.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error
  • Your not meeting the eligibility to order criteria set out in the main Terms & Conditions

The contract will be concluded in English.

The details of your specific contract will not be filed by andsleep.co.uk. If you do require any information regarding orders you have placed with andsleep.co.uk, please email us at: hello@andsleep.co.uk

 

Cancellation and Returns

Please note all of our beds are ‘made to order’ by the manufacturer shortly after your order is placed. Therefore cancellations can only be accepted if the items ordered have not gone into production. This doesn’t affect your statutory rights if goods are faulty or not as described.

  • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
  • You can cancel by email: hello@andsleep.co.uk, or call 0845 838 7338, or write to: …andsleep, Littons Mill, Athertons Quay, Warrington, WA5 1AH

 

Guarantees

We always honour the manufacturer’s guarantee period where offered; this usually five years unless otherwise stated. Please see individual product pages for details.

 

What does the guarantee cover?

Our guarantees provide full cover against material or manufacturing fault through normal use.

  • Should a manufacturing or materials fault occur within 12 months from the date of purchase we will repair or replace the product completely free of charge.
  • After the first 12 months but within the 5 year warranty period we will at our discretion arrange to repair or replace the product, charging you one fifth of the current retail price multiplied by the total number of years you have owned the bed.
  • We reserve the right to refuse this offer if defect is caused by misuse or where product has become soiled, unsanitary, has excessive wear and tear, or where the mattress has been used on a unsuitable base or foundation.
  • Body impression is considered normal on luxury mattresses and does not constitute a manufacturing fault.
  • Where a product is replaced we will endeavour to match the specification, material, and colour but reserve the right to substitute alternatives.
  • If a product with a reported fault is collected and on inspection found to have no material or manufacturing fault we reserve the right to charge for costs incurred in processing the inspection including but not limited to collection and redelivery of the product.
  • For the purpose of our guarantee on goods delivered offshore Mainland UK it is the responsibility of the customer to return the goods to Mainland UK at their expense for inspection of manufacturing faults. Similarly, it is at the customers’ expense to transport any replacements or returns out of the United Kingdom thereafter.

 

In the unlikely event that a fault is found we will advance the following course of action;

  • Request photographic evidence of the fault.
  • After reviewing these photographs it may be necessary to collect the item and investigate the fault further for which we will cover the cost for collecting the item.
  • If a manufacturing or material fault is found we will either; a: Replace the item like for like. b: Make an allowance for the final acceptance of goods. c: Refund the buyer and collect the item.
  • If the goods are found to be faulty but that fault is found to be the result of fair wear and tear, negligence or wilful damage we retain the right to charge the purchaser for costs incurred though collection of the goods and inspection.
  • In the event of a dispute ‘the purchaser’ and ‘andsleep.co.uk‘ shall both agree to be bound by the results of the independent inspection.

 

Delivery

  • We will 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: holiday periods i.e. Christmas, Easter; the delivery is in a less frequent covered area by our delivery company; or in any other causes whatsoever beyond our control.
  • If you fail to accept delivery of the product(s) for a confirmed booking, then we reserve the right to recover transportation costs (a minimum of £45).
  • Please note it is the customer’s responsibility to ensure access is sufficient to receive the product(s) of your choice. We recommend that you measure the space in which the products are to be placed, and the space along the access route especially if goods are for upstairs rooms. If we have to abort delivery due to insufficient access the customer will be liable to pay the direct cost of delivery along with the return.
  • We offer free delivery to mainland UK on all orders with the exception of the following postcodes AB, DD, FK 18-21, IV, KW, PA above 19, PH above 7, PL, TQ and TR. Delivery is available to offshore islands and Europe – price on application.

6.4. The products the Buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the Buyer and Bedsite.co.uk. Changes in delivery address details will require evidence of abode i.e. photographic ID, Utility Bill etc.

6.5. Goods will be deemed to have been delivered once delivered to the specified address as detailed above and Bedsite.co.uk will not be liable to the Buyer for non-delivery of the Products.

6.6. Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.

6.7. The Quantity or content of any consignment of Products as recorded by Bedsite.co.uk or it’s carriers upon its dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

6.7. All Goods must be signed for. We are unable to deliver to unattended premises or outside of customer addresses unless otherwise agreed in writing with bedsite.co.uk prior to delivery

6.8. Bedsite.co.uk do not accept any blame or liability for customers removing or disposing of old beds, mattresses or sofas prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.

6.9. Deliveries made to business addresses will have the Buyers authority for anybody in the building to accept the goods on the customer’s behalf. Bedsite.co.uk will accept no responsibility once the goods have been signed for at the requested address.

6.10. Delivery is officially to the front door only but Goods may be taken to the room of choice at Buyers request. It is also the customer’s responsibility to remove all paintings, mirrors or any other objects that may get damaged or that may hinder the product from going into the room of choice during delivery. Bedsite.co.uk or its carriers will not be held responsible for any damage caused to Goods, property, fixtures or fittings during delivery. If the customer is unwilling to accept this waiver the item will be left at the front door of the property. It is the Buyers responsibility to ensure all Goods will fit through any doorways and/or passageways necessary for Goods to be delivered into the room of choice. Most Goods will require some form of assembly and it is the Buyer’s responsibility to assemble the Goods unless otherwise agreed at time of order. Any Warranty/Guarantee offered with the Goods is only applicable for Mainland UK.

6.11. Should a manufacturing defect occur when Goods are outside Mainland UK the Buyer is responsible for any transport costs incurred.

 

General terms

Intellectual property and 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.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

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. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

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.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. 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, tort (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.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding our service, please contact us via email, phone or post.

Our company details:

We operate two websites; longbeds.com supplying extra long beds for taller people plus extra wide beds up to 8ft wide. Also for standard size beds we sell under the…andsleep brand.

Address: and sleep, Littons Mill, Athertons Quay, Warrington, WA5 1AH

VAT no: GB866655476

Copyright © 2018 and Sleep. All Rights Reserved.