Terms and conditions for the latex and pocket spring mattresses

Posted by Richard Hacker on 02/01/2016 in About Our Beds

Right to cancel and return

7.1 As a statutory minimum you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products without giving any reason.

7.2 Should you wish to return a pillow, duvet, fitted sheet or mattress protector, the Product must remain ‘as delivered’ and, where possible, in its original packaging. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we consider that these products are not suitable for return where they have been used because of hygiene reasons and, as such, we reserve the right to refuse any returned pillow, duvet or mattress protector which has been unsealed after delivery or exhibits any evidence of use within the first 14 days.

7.3 Alternatively, we may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, deduct any value lost as a result of your unreasonable handling of the pillow, duvet or mattress protector. (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning). In the event that we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, we will require you to pay an appropriate amount for the value lost.

7.4 To exercise your statutory right to cancel a contract with us, you must clearly notify us of your intention to cancel within 14 days of the date of delivery, or in the event you are cancelling the contract under our 101 night trial, within 101 days of delivery (per clause 8.3). In each you should notify us by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice should include: your name; address; order number; date of order; date that your product was received.

7.5 Following a notice of your intention to cancel, collection must be arranged and executed not later than 14 days from the date that you notified us of your intention to cancel. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract.

7.6 Any return of Snoozel Products; whether pursuant to your statutory rights; our mattress 101 night trial (clause 8); may only be made in the territory in which the Products were delivered and to the original point of sale from which they were bought. For example, Products purchased on our website should be returned directly to us by first contacting hello@snoozel.co.uk to arrange the return. Products purchased from an authorised retailer should be returned to that retailer, using their contact details located on their website. If there is any doubt as to who to contact for a return, please contact us prior to returning your product.

7.7 Delivery and collection of Products must occur to and from the same address, and save exceptional circumstances, which must be communicated to us, collections must be completed during the same visit as the delivery.

7.8 Where you return a product which is not in a returnable condition in line with clause 7.2, we will, upon your request, send that Product back to you, the expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 30 days we may dispose of any such Product responsibly.

7.9 Ensuring that your product is in a returnable condition in line with clause 7.2 at the time it is lodged, whether by post or by having the Product picked up, is your responsibility. We may decline to accept any product which has been damaged in any circumstances (including, but not limited to, you leaving a mattress outside your premises rather than awaiting pickup, allowing it to become water damaged).

101 night trial

8.1 As a goodwill gesture, we agree to extend your right to cancel your order of a Snoozel mattress for any reason to 101 days. All we ask is for you to tell us the reason for your cancellation. Failure to provide a reason may delay the collection of your mattress, but ultimately will not void your right to return the mattress under the 101 night trial.

8.2 The period to cancel expires at 24:00 on the 101st day since the date the mattress was delivered.

8.3 This right must be exercised within the 101 day period by the same method stipulated in clause 7.4.

8.4 A collection date must be arranged between the Parties in accordance with clause 7.5.

8.5 You may only make and cancel a mattress order once under the 101 night trial (per mattress line). Any subsequent mattress ordered of the same type will not have the 101 night trial period, except as set out in clause 8.6. For the avoidance of doubt a purchaser who buys two different types of mattress will have a 101 night trial in respect of the first mattress ordered in each mattress line.

8.6 The 101 night trial is offered on the basis of goodwill and, as such, we reserve the right to refuse to honour the 101 night trial without prior notice in circumstances we see fit, including, without limitation:

(a) where you are associated with a mattress manufacturer or brand;

(b) where there is evidence that the mattress is stained, ripped, torn or which suggests or otherwise indicates the mattress has sustained any other damage whether due to negligence, willful damage, neglect or otherwise; or

(c) where Snoozel suspects any dishonesty, misrepresentation or misconduct on your part.

Except that your statutory rights remain unaffected.

8.7 The 101 night trial applies to mattresses only and no other Snoozel Products.

8.8 Nothing in this clause affects your legal rights to cancel the contract under clause 7.

8.9 The 101 Night Trial referred to in this clause 8 is only available for new mattress purchases, either directly from us, or from a retailer who has been authorized by us to offer you the 101 Night Trial.

8.10 The 101-night trial may be offered in other circumstances at the sole discretion of Snoozel ltd.