TERMS OF SALELast Modified: November 13, 2017
You must be at least eighteen years of age to order a product through the Website. Please do not order products through our website if you do not meet the age eligibility criteria as we cannot enter into legally binding agreements for sale of products with Customers under the age of eighteen. Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement. To protect the privacy of children, we do not collect any personal information from Users under the age of thirteen years. If you are under the age of thirteen, please do not access this website.
2. Account Setup and Safety
Although the website enables Customers to purchase products without having to register an account, by creating an account you can to keep a record of all your past purchases, track your orders and facilitates future purchases.
If we discover that you have provided us with incorrect or inaccurate information during your account registration, we reserve the right to terminate your Una Mattress account. As Una Mattress accounts are offered by the Company in its sole discretion, the Company may refuse registration of a Customer account without providing any reason. As the account holder, it is solely your responsibility to protect your Account username and password. Please immediately notify us of any unauthorized use of your account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorized access to your account.
3. Placing your order
Customers can select the product they wish to purchase and place their order at www.unamattress.co.uk. We use secure Newgen Payments payment processor that enables our Customers to easily make payments using any major credit or debit card. By placing your order at www.unamattress.co.uk, you also agree to our selected payment processor’s terms and policies.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
· Slice it.
Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
The Company currently uses third-party shipping company for all product deliveries. We offer free delivery and returns within mainland United Kingdom excluding highlands, islands and Northern Ireland. If you do not qualify for a free shipping, an additional shipping fees will be added to your order price at the time of online checkout.
Customers are able to view the full product price including applicable taxes and shipping fees before they authorize the payment during checkout. Please carefully review your order before authorizing the payment to ensure that you have ordered the correct product.
Upon receipt of your order, we will send you an acknowledgement email. Your order is deemed to be in the nature of an offer to purchase the product/s from our site and our acknowledgement email does not constitute an acceptance of your order by the Company. When we accept your offer, we will send you a confirmation email and despatch your order. Your order request is only deemed accepted by us after you receive the confirmation email from us. We will not process your order before sending you a confirmation email. By submitting your order through the website you are authorizing us to charge you for the ordered item upon order confirmation (including any taxes and shipping fees as visible at the time you placed your order).
4. Delivery and Availability
The delivery of products available through www.unamattress.co.uk is subject to availability. We are unable to offer any guarantees that products as listed on our website will be available at all times. If for any reason we are unable to fulfil your order, we will try to notify you via email.
Once your order is accepted by us, we will deliver the ordered product/s to the address that you provided us when you placed your order. Please note that we are unable to cover any costs involved in re-delivering the Product, in case of bounced parcels or, for any loss incurred as a result of Product being left unattended where you provided an unsecure shipping address. You are hereby advised to provide the Company with secure shipping address where you or a person authorized by you can receive the delivery of the product. Where you order multiple products as part of one transaction, we are unable to ship ordered products to different shipping addresses.
The title and the risk passes to Customer upon delivery of the product. All orders are delivered by our preferred shipping service provider and will be delivered to you within the estimated delivery time frame stated in your order confirmation email. You understand and accept that the delivery timeframes provided by us are estimates only and we do not offer any guarantees or assume any liability for any delay in delivery.
5. Pricing and Payment Policy
All product prices on our Website are quoted in GBP. Customers are required to authorize the payment at the time they place their order.
We may in our sole discretion and without giving any prior notice to you change our product prices on the Website. We assure you that our change of product prices will not impact any confirmed orders. Although we take all reasonable care to ensure the product price as listed on the website are correct, we cannot offer any guarantees as to the accuracy of this information. If we are of the view that the price listed on our website was incorrect after you ordered the product, we will contact you and offer you an opportunity to place your order at the correct price.
6. International Orders
Importing products from other countries can attract import duties and taxes in the destination country. Our product prices as listed on the website and shipping costs displayed at the time you place your order do not include such import duties and taxes. All international duties and taxes are borne by the Customer and the Company will not be liable for such additional charges. We encourage you to familiarise yourself with all applicable laws and regulations prior to ordering any product through the Website.
7. Cancellation, Returns and Replacement Policy
You have the right to cancel your order any time before you accept delivery or within the first 100 days starting from the date of delivery. We offer our Customers a full refund for all cancellations in accordance with the provisions of this Agreement.
To exercise your right to cancel, please contact us within 100 days after receiving your product at email@example.com with the word “Cancellation” in the subject line along with your order number. In addition, you must keep the original packaging for return. We will ask you to repackage the product in it’s original packaging to be able to pick it up. If the original packaging is not available for return, additional costs may apply. Upon receipt of confirmation from the Company, you will be required to return the product to the Company before the end of the 100 day period as outlined in the Returns Policy below. Please wait to receive confirmation email from the Company before returning the product back to us. We are unable honour refunds for unapproved returns.
All orders from the United Kingdom must be sent back to the local return address in UK and all orders within Germany must be sent back to the Una Mattress in Germany.
Product Return and Refunds
All returned products undergo routine inspection. When returning any product, please ensure that the product is securely packed to avoid any damage during return shipping. The Company reserve the right to refuse or reduce the refund amount if:
- the returned product has been damaged whilst in the Customer’s possession. For the purposes of this provision damage includes but is not limited to: tears, stains, odour and other similar signs of wear;
- the product was damaged during return shipping as a result of poor packaging.
- Return is not clearly labelled to identify the order;
In the event the product we delivered is not what you ordered or contains a fault, we will gladly replace it for you. To request a replacement please contact us at firstname.lastname@example.org and we will contact you to arrange return of the product. Once we receive the incorrect/faulty product, we will deliver the replacement product for free.
Please note that for the purposes of this provision, fault does not refer to any minor variations in colour which may vary slightly based on different digital screens and studio lighting during product shoots.
We are unable to offer full refunds or replacements if:
- the returned product is damaged as a result of the Customer not following the product care instructions;
- the returned product has been damaged whilst in your possession. For the purposes of this provision damage includes but is not limited to: tears, stains, odour and other similar signs of wear;
- the product was damaged during return shipping as a result of poor packaging.
- Return is not clearly labelled to identify the order;
Please note that if you do not cancel your order within 100 days of receipt of your order, the sale will be considered final and you will not be able to return the product and request a full refund. The end of 100 day free trial period will not impact your eligibility for other remedies such as product warranty provision below.
Where you qualify for a full or partial refund, we will process the refund within 14 days of the receipt of the returned product. All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we are unable to offer any guarantees as to the exact date and time for refunds reaching your account.
The Company reserves the right to cancel any order at any time after the occurrence of any of the following:
- the products ordered being unavailable for any reason; or
- the Customer being in breach of any provisions of these terms;
- We cease our business operation for any reason
Where we cancel an order after processing the payment, we will immediately contact you and issue you a full refund within 14 days from the date of cancellation.
8. Product Warranty
We offer a 10 year pro-rata warranty on all manufacturing defects and/or material faults for mattresses and 5 years warranty for all workmanship or material defects in pillows. The product warranty is only available to the Una Mattress customer who originally ordered the product from the Website and does not cover any subsequent owners who may have purchased the product from the original customer.
This product warranty entitles the customer the right to free repair or replacement (decided by the Company based on the fault) within the applicable warranty period.
The warranty period begins from the date of purchase which is the date the Company sends you a confirmation email for your order and expires on the same date 5 years later for pillows, and 10 years later for mattresses. We do not offer any other guarantees either expressed or implied unless as stated under this Agreement.
If we determine that the fault or defect is covered by this product warranty, we will cover shipping costs for returns and replacements of the product.
Please note that all manufacturing or material defects/faults must be reported to us with six-weeks from the time the issue first arose and before the expiration of the applicable warranty period. All claims after the expiration of the warranty period will be disregarded.
To claim the product warranty, the customer will be required to provide us the following information:
- Proof of purchase / order number;
- A detailed description of the fault/defect;
- What caused the fault/defect;
- Date when you first observed the fault/defect
In certain circumstances we may require you to send us clear pictures of the defect / issue to enable us to assist you with your claim before we confirm return of the product. Where we decide to replace the product, we do not represent or warrant that the product will be replaced for an identical product. We will make our best effort to replace the defective product for the nearest possible match in our product range available at the time. Please note that all repaired and replaced products are covered by the same warranty as the product being repaired/replaced. Where we are unable to repair or replace the product under warranty, we will offer you a pro-rata refund in accordance with this Agreement.
What is covered in the product warranty
The product warranty only covers manufacturing and material defects and damages that cannot be regarded as normal wear and tear from use. To learn more about what is covered by the warranty please see details on the warranty card provided with the product.
What is not covered in the Warranty
Any accidental or intentional damage caused to the product as a result of any action or omission of the Customer which resulted in the damage is not covered by product warranty. Any damage arising from failure to follow the product care instructions provided on the warranty card. Normal wear and tear from general use of the product over time.
9. Account Termination
You may delete your Una Mattress account at any time by accessing the account settings on [INSERT WHERE ON THE SYSTEM CAN USERS DELETE THEIR ACCOUNT] or alternatively you can contact us at email@example.com with the words “Account Termination” in the subject line. Please take note that you will not be able to log into your Una Mattress account after your account has been terminated.
The Company also reserves the right to terminate this Agreement and your access to the our website at any time without giving any notice to you, if we find that:
- You have violated the terms of this Agreement;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
10. Promotional Codes
The Company may, in its sole discretion create and offer promotional codes that are redeemable for credit in your Una Mattress account and can only be used towards purchasing products offered by the Company through the Website. You understand and accept that the Company uses promo codes to increase its marketing reach and therefore promo codes can only be used once per person. Please note that additional terms and conditions may apply to use of promo codes and by using a promo code, you agree to be bound by those additional terms and conditions. Promo codes may expire upon the date specified in the promotion and may not be redeemed for cash or transferred to another account.
11. Disputes Resolution
In the event of any dispute, the Customer and the Company (collectively referred to as “the Parties”) agree to take all reasonable steps for amicable resolution of such dispute. Customer agrees to provide a written summary of the dispute to the Company as soon as the dispute arise along with Customer’s proposed resolution. The Company agrees to respond to the dispute within twenty five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the Customer. If the Customer is satisfied with Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Company and the Customer are unable to resolve the dispute, they may seek alternative legal remedies in accordance with this Agreement.
12. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit our liability towards our Customer for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law.
In no event shall the Company be liable to any customer for any loss of profits, loss of opportunity, costs incurred in procurement of substitute products or indirect, incidental, special or consequential damages. If the applicable law finds the Company liable, our liability shall not exceed the total amount paid by the Customer for the product that gave rise to the dispute.
13. Governing Law
This agreement shall be governed and construed by the laws of England and Wales. Both parties agree to bring any action or claim arising out of or related to this Agreement in the court located in United Kingdom.
14. Force Majeure
Neither Party will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.