Terms and Conditions

Welcome to the the bettersleepcompany.com 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 e-mail, or call us on 01706 814221 5 days a week, Monday-Friday 8.30am – 4.30pm. 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.

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 The Better Sleep Company Ltd
• Website– means the website located at www.thebettersleepcompany.com 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 Information 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 Information by contacting our Customer Service Representatives by e-mail, or calling us on 01706 814221 between 8.30am-4.30pm Monday-Friday.

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.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on thebettersleepcompany.com. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.

Privacy & cookies

We will treat all your Personal Information 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 UK Data Protection and consumer legislation from time to time in place.

• When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
• We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”).
• We may collect this information even if you do not register with us.
• You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with Better Sleep Company products which are relevant to your browsing history when you visit other websites.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:

• Processing your orders;
• For statistical or survey purposes to improve this Website and its services to you;
• To serve website content and advertisements to you;
• To administer this website;
• To contact you about leaving a review on a product once your order has been completed;
• If you consent, to notify you of products or special offers that may be of interest to you
• You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
• When you create a shopping account while ordering online you will be given the option to receive information from The Better Sleep Company Ltd by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you
• In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at bettersleepco@hotmail.comor calling us on 01706 814221.
• Your Personal Information may be disclosed to other businesses within the The Better Sleep Company and to reputable third parties who will help process your order. The Better Sleep Company requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the The Better Sleep Company for mailing or marketing purposes
• You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so

Delivery photography: If one of our Customer Delivery Partners attempts to deliver an order to your address and finds there’s no-one available to receive it, we reserve the right to take a photograph of the outside of the property to assure you we were in the right geographical location to fulfil your order, and confirm we had located the correct address. We can assure you that this photograph won’t be published or circulated, or used for any other purpose other than verification, and that it’s held securely in compliance with Data Protection legislation.

Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed in writing to: Customer Services, The Better Sleep Company, Unit 2C Waslden Industrial estate, Rochdale Road, Todmorden, West Yorkshire. OL14 6UD

 Description of goods

 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 goods

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
• You’ll need JavaScript enabled on your computer to buy products and check out. Please enable JavaScript in your browser, then refresh your browser to continue. Alternatively, please call 01706 814221 to order by phone
• We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from thebettersleepcompany.com
• As your product is shipped from our warehouse we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
• For most products sent directly from our warehouse, your credit/debit card will be charged when your order is despatched

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

• The product you ordered being unavailable from stock
• 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.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
• Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
• 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, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email:bettersleepco@hotmail.com, or call 01706814221, or write to: Customer Services, The Better Sleep Company, Unit 2C Waslden Industrial Estate, Rochdale Road, Todmorden, West Yorkshire. OL14 6UD
• If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

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 The Better Sleep Company 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.