By continuing to access the Website, you represent and warrant to the Company that you have read and agree to be bound by this Agreement.
The Company reserves the right to amend any provision of this Agreement as well as the right to discontinue the product. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please review these Terms when you visit the Site or order a product. All orders placed through the website are governed by our Terms of Sale. The Terms in effect at the time of your order will govern the sale agreement between you and the Company. We may not keep copies of the previous version of our Terms of Sale and you are hereby advised to print or save a copy for your records and future reference.
We do not target our website at Users under the age of eighteen years. Please do not access our website, create an account or order a product through the website if you do not meet the age eligibility criteria. 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.
In the interest of protecting children’s privacy, we do not collect any personal information from children under the age of thirteen years. If you are under the age of thirteen years, please do not access this website.
3. User Conduct
You agree that you will never:
- Use the site or any products offered by the Company for any illegal or unlawful purposes;
- Post any content that may be potentially or actually harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
- Act in any manner that may lead to violation of any applicable laws or regulation;
- Post any content that may be deemed defamatory, libellous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on Website;
4. Intellectual Property
Unless expressly stated otherwise, all products sold on our website and all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You agree not to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You may not adapt, alter or create any form of derivative work from any Company Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.
Users are hereby granted a limited, non-exclusive, non-transferable license to use the Company Content and this website for their personal and noncommercial use only.
You acknowledge that breach of this provision can incur criminal as well as civil liability.
5. User Content
User Content refers to any and all content uploaded, posted or shared by Users in any public areas of the Website. Public Areas include any blog posts, articles, community forums, review pages on the Website. User Content includes but is not limited to any questions, comments or product reviews posted by Users on the website. By posting, submitting or contributing text, images and other similar content through the Website or on our Social Media pages, you represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the Website and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party.
We do not claim ownership of any User Content, however by posting, sharing or contributing User Content through the Website and our social media pages, you expressly grant us irrevocable, royalty-free and fully paid, nonexclusive, world-wide license to use, distribute, reproduce, modify, adapt, publish, perform, display, create derivative work or share, in print or on any digital media, any of your User Content, including but not limited to ratings and reviews for our products. You hereby waive any claims to future compensation arising from the Company’s use of your User Content in any form.
You understand that all User Content is the sole responsibility of the User who posted such content and the Company will not be liable for any errors, omissions or inaccuracies in any User Content. We do not endorse or recommend any User Content and you hereby expressly release us from any liability arising out of or associated with your use of any User Content.
6. Information Disclaimer
All information available on the website has been provided by the Company for your general information purposes only. We do not make any claims or representation as to any specific results that may be achieved through the use of the products listed on our website. Although we take all reasonable steps to ensure that all the information posted on the Site is accurate, we are unable to offer any guarantees as to the accuracy of any information.
All product images on the website are for illustrative purposes only. Wherever possible we will try to display / state the actual size of the product and if you have any product related queries you can contact us at firstname.lastname@example.org before placing your order.
If you would like to share your feedback, comments and suggestions with us, please submit your feedback to email address given below. By sending in your suggestions, ideas and feedback you represent and warrant to the Company that you have full rights to submit such information and that you are not violating any intellectual property rights of another individual or entity. When you send us your ideas, suggestion, comments or feedback, you are agreeing to grant all legal rights to the Company, to use, disclose and/or otherwise exploit your submission, in whole or in part, without any restriction or compensation to you. You understand that you will be waiving all claims now and in future to any monetary compensation against the Company.
8. Third-party Links
9. Disclaimer of Warranties
THE WEBSITE IS PROVIDED BY THE COMPANY TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU UNDERSTAND AND AGREE THAT YOUR DECISION TO USE THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
10. Governing Law
This Agreement shall be construed in accordance with the laws of England and Wales. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in United Kingdom.
11. No Class Action
All claims between you and the Company, related to these Terms will be litigated individually and neither party will not consolidate or seek class treatment for any claim with respect to the Website or any product offered by the Company. YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, YOU UNDERSTAND THEM, AND YOU AGREE TO BE BOUND BY THESE TERMS.
12. Entire Agreement
This Agreement and any future amendments to this Agreement constitute the entire understanding between you and the Company with respect to the subject matter thereof. Unless expressly stated otherwise, this Agreement supersedes all prior Agreements between you and the Company.
Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.
The Company may assign any of its responsibilities/obligations to any other person without notice to the User. However, User may not assign, sublicense or otherwise transfer any of their rights under this Agreement to any other party without express written consent of the Company.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
16. Force Majeure
Neither the Company nor the User 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.
17. Disputes Resolution
In the event of any dispute, the Customer and the Company 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 Company are unable to resolve the dispute, they may seek alternative legal remedies in accordance with this Agreement.
18. Contact Us
Una Mattress Office in United Kingdom:Una Mattress Limited
24-27 Berwick Court Farm, Berwick Polegate
East Sussex, BN26 5QS
Una Mattress Office in Germany:Una Mattress
Phone: 0800 7565199