Mattressman Terms and Conditions, from January 2022
- 1:1 These terms and conditions (“Conditions”) apply to all orders placed online at Mattressman.co.uk (our “Website”) and orders placed over the telephone. By placing an order with us you are agreeing to abide by these Conditions. Please read them carefully and contact our Customer Service team using the details set out below if you have any questions.
- 1:2 Please note that Conditions do not affect your statutory rights as a consumer.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2:1 We are Mattressman Ltd, a company registered in England and Wales (referred to as “we”, “us”, “our” in these Conditions). Our company registration number is 05015448 and our registered office is at Old Stoke Road Arminghall, Norwich, NR14 8SQ. Our registered VAT number is 846551606.
- 2:2 You can contact our Customer Service team by email at [email protected]; or by telephone on 0333 577 5773 on Monday – Friday (8am – 5.30pm, or Saturday (8am – 4.30pm).
- 2:3 If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. ORDERS – MAKING A CONTRACT WITH US
- 3:1 When you place an order with us, you are making an offer to buy our products (“Products”). We will send you an email to confirm that we have received your order. Please note that your order has not been accepted and confirmed until you receive the confirmation email from us.
- 3:2 The confirmation email is our acceptance of your order and it is at this point that a contract has been entered into between you and us. If there are any errors on the confirmation email you must inform us as soon as possible for this to be rectified.
- 3:3 If we are unable to accept your order, we will inform you of this and will not charge you for the Product (or we will refund any amount already paid by you for the Product). This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
- 3:4 To place an order with us, please follow the step by step guide on our Website or contact our sales team who will assist you or place the order over the telephone.
- 3:5 Please note that we only accept orders for delivery within the UK.
- 3:6 If there are any problems with your order we aim to contact you as soon as we can.
- 3:7 If you wish to make a change to the Product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11).
4. OUR PRODUCTS
- 4:1 For the purposes of these Conditions, our Products can be categorised as either a “Made to Measure Product” or a “Standard Product” based on the following descriptions:
“Made to Measure Product”: any Product that is not a stock item and is made to your specific requirements, including but not limited to special sizes or items that are made to non-standard specifications.
“Standard Product”: any Product which is listed on our Website and is made in accordance with our standard materials and specifications from time to time.
- 4:2 All images of Products displayed on our Website are for illustrative purposes only. We have made every effort to display the colours and specify the sizes, weights, dimensions and measurements accurately, however some Products may have small variations, including but not limited to, in ticking and colour.
- 4:3 If you order a Made to Measure Product from us, you are responsible for ensuring that the measurements and specifications that you provide are correct. We will not accept any liability in respect of any Made to Measure Product if the information provided by you is in any way incorrect or inaccurate.
- 4:4 Please note that, due to the nature of mattresses being handmade and containing many individual components (whether the mattress is a Made to Measure Product or a Standard Product), we are unable to guarantee that the mattress will comply with the exact measurements you have provided (if it is a Made to Measure Product) or the measurements listed on our website (if it is a Standard Product). Accordingly, you acknowledge that it is necessary to allow a +/- tolerance of 2cm in the depth, width and length of a mattress and you shall not be permitted to reject any mattress where the actual dimensions of such mattress are within 2cm on each side of the measurements which you provided to us or which were set out on our website. Please also note that mattresses can take up to 3 months to settle and take their final shape.
- 4:5 Please see clause 11 for information on cancellation rights and Made to Measure Products. It is important that you are happy with the Made to Measure Product(s) that you are purchasing as they are non-returnable and non-refundable (unless they are faulty or misdescribed).
- 5.1 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
- 5.2 Any errors that have been made in the description of our Products will be rectified as soon as possible.
6. PRICE AND PAYMENT
- 6.1 The price of the Product (which includes VAT) will be the price as told to you over the telephone or as set out on our website. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 5.1 for what happens if we discover an error in the price of the Product you order.
- 6.2 Where the price of a Product which is advised to you prior to your order already takes into account a discount or reduction to the original price of such Product (for example if the Product is part of a clearance sale), you shall not be permitted to apply any further discount or reduction to such price.
- 6.3 The total price payable for all Products ordered will be debited from the account provided at the time that the order has been accepted and a contract has been entered into between you and us (see clause 3 for details of how the contract is formed).
- 6.4 We accept payment with most major credit/debit cards including Visa, Delta and MasterCard and we use a secure payment method called Opayo (formerly known as Sage Pay).
- 6.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), and subject to Klarna’s own terms and conditions, you may be able to make payment for the Products using one of Klarna’s “Buy Now, Pay Later” schemes such as “Pay Later”; “Pay in 3
” or other financing methods. Please note however that Klarna is an independent payment provider and we have no influence over whether your payment with Klarna is accepted or not and you should contact Klarna directly in that instance.
- 6.6 We can only accept payments from U.K registered accounts and you must confirm that the credit or debit card being used is yours in order to purchase Product(s) on our Website or over the telephone.
- 6.7 All billing information given must match those held by the bank that issues the card that you are paying with. Failure to supply the correct information may lead to a delay or cancellation of your order. Your order will only be processed once the payment has been authorised.
7. AVAILABILITY OF PRODUCTS
- 7.1 All Products are subject to availability and may be withdrawn at any time.
- 7.2 If we have accepted your order, but the Products which you have ordered are unavailable we will refund any amounts paid in respect of the unavailable Products or transfer your payment to an alternative Product (at your option).
- 7.3 Any Products that are not in stock at the time you make your order have an estimated lead time for the manufacturer to deliver the Product to us. The manufacturer aims to supply us with the relevant Products within this time, however this is not always possible. Where there are delays in a Product being delivered to us by the manufacturer we aim to notify you as soon as we reasonably can once we are informed of the delay.
- 8.1 Costs of delivery.
- 8.1.1 If you are making your order via our Website:
- (a) where all of the Products you have ordered are in stock at the time of your order, the costs of delivery will be as displayed to you during the course of the order process; or
- (b) where some of the Products you have ordered are not in stock at the time of your order, we will contact you after you have submitted the order to arrange delivery and to confirm the delivery costs.
- 8.1.2 If you are making your order over the telephone, the costs of delivery will be as told to you over the telephone during the order process.
- 8.2 If you have ordered Products which are in stock at the time of your order, we will let you know when we will deliver the Products to you during the order process.
- 8.3 If you have ordered Products which are not in stock on the date of your order (or if the Products are Made to Measure Products), we will provide you with an estimated delivery date at the time you make your order or shortly afterwards. We will contact you again once the Products are in stock and ready to be dispatched to you to confirm the delivery date. Please note that we are not able to store the Products for any additional period once they are in stock and ready to be dispatched, so delivery will need to be arranged as soon as possible once the Products are in stock.
- 8.4 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- 8.5 Please note that we will not in any circumstances be liable to you for any costs or losses you incur if you have dismantled and/or disposed of any furniture which is being replaced by the Products you have ordered, prior to delivery of the Products (including where delivery of the Products is delayed for any reason). Therefore, you are strongly advised not to dispose or dismantle your existing furniture prior to delivery of the Products.
- 8.6 Details of the different delivery options which we offer from time to time for delivering the Products to you can be found at https://www.mattressman.co.uk/delivery.
- 8.7 Where you have chosen a “Delivery to Room” option for delivery, the Products will be delivered by a delivery team to the room of your choice. You must ensure that any breakables are stored away and there is a clear route of access to the chosen room. We will not be liable for any damage caused to your property as a result of your failure to provide a clear route of access and the delivery team may not be able to complete delivery to your chosen room if you have not provided a clear access route.
- 8.8 Where you have chosen a free delivery or “Delivery to Door” option for delivery of the Products, the Products will be delivered to the first accessible ground floor door of the relevant property. You may be required to assist the delivery driver in unloading the Products.
- 8.9 Where the Products are frames and furniture, these are flat packed and require self-assembly, unless otherwise stated.
- 8.10 If you need to amend the delivery date or the delivery location before delivery has taken place (other than in relation “Delivery to Room” deliveries), please contact us as soon as possible. If you contact us before we have dispatched the Products to you, there will be no administration charge for amending the delivery date or location (although you may be charged any additional amount if the new delivery date or location is charged at a higher rate than the original date or location). If you contact us after the Product has been dispatched, but before delivery, you may be charged a £10 administration fee.
- 8.11 Other than for Delivery to Room deliveries, if no one is available at the delivery address to take delivery of the Products, or you have given us incorrect delivery instructions, we will contact you to rearrange delivery. In these circumstances, you may be charged a £10 administration fee.
- 8.12 Delivery to Room deliveries are pre-booked and amendments to dates and/or addresses can be made for free up until the Products are picked for dispatch (usually around 3 working days before delivery). After the Products have been picked for dispatch we will be charged a further £45 for any amendments, and this cost may be passed on to you.
9. RISK AND LIMITATION OF LIABILITY
- 9.1 We recommend that there is a responsible adult to take delivery of any Products and to sign for these on delivery. If you require the Products to be left without a signature, we will not be held responsible for any theft or weather damage of the Products. The Products will be left at your own risk and will only be left if there is a signed and dated note, with your permission, for the driver to take. We do not recommend that your Products are left outside, due to threat of weather damage or theft.
- 9.2 Once delivery has been made it is your responsibility to take reasonable care of the Products.
- 9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or misrepresentation; for breach of your legal rights in relation to the Products; and for defective Products under the Consumer Protection Act 1987.
- 9.4 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10. FAULTY PRODUCTS
- 10.1 We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these Conditions will affect your legal rights.
- 10.2 Please check over your Products on delivery to ensure that the packing is intact and all Products appear to be in good condition before you sign for them. If you find your Products to be faulty, damaged or incorrect please refuse the Products and contact Customer Services as soon as possible. If you find that your Products are damaged after you have taken delivery please notify us as soon as possible. We ask that you inspect your Products within a reasonable time scale and prior to them being transported anywhere else.
- 10.3 If your Product develops a fault we will deal with your complaint in accordance with your rights under the Consumer Rights Act 2015. You will also be supplied with a warranty/guarantee, which is in addition to your statutory rights.
11. YOUR RIGHTS TO CANCEL YOUR ORDER AND END THE CONTRACT
- 11.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- 11.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced, or to get some or all of your money back), see clause 10;
- 11.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2; or
- 11.1.3 if you have just changed your mind about the Product, see clauses 11.3 and 11.4.
- 11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 11.2.1 to 11.2.3 below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
- 11.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- 11.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- 11.2.3 you have a legal right to end the contract because of something we have done wrong.
- 11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online or by telephone you have a legal right to change your mind within 14 days of the day you receive the Products and receive a refund. Please see clause 11.4 below for situations in which you do not have a right to change your mind.
- 11.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, or for Made to Measure Products, once we (or our suppliers) have commenced work on them. In particular, where the Product you have purchased is a mattress which has been delivered in a protective covering, once that covering has been unsealed, you will not be able to exercise the right to change your mind.
- 11.5 How to end the contract. If you want to end the contract, you must contact us using the details set out in clause 2.2 above.
12. RETURNS AND REFUNDS
- 12.1 If you end the contract for any reason after Products have been delivered to you, you must return them to us. You must either return the Products in person to us at Old Stoke Road, Arminghall, Norwich, NR14 8SQ (between the hours of 9am to 3pm, Monday to Friday) or allow us to collect them from you. If you are exercising your right to cancel, you must return the eligible Products to us or allow us to collect them within 14 days of the date on which you notify us of your cancellation.
- 12.2 You must ensure that the Products are adequately packed to be returned to us and please include your reference number and name on any returns. If you fail to take reasonable care of the Products before they are returned to us, and this results in damage or deterioration, we will seek to recover the reduction in value from you or we may deduct this from any refund due to you.
- 12.3 We will pay the costs of return or collection:
- 12.3.1 if the Products are faulty or misdescribed; or
- 12.3.2 if you are ending the contract because you have a legal right to do so as a result of something we have done wrong,
- and in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return or collection.
- 12.4 Once we have received the Products we will inform you and arrange for a refund or exchange, as applicable. Please note that refunds may take up to 14 days to process.
- 12.5 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- 12.6 If you are unable to arrange your own carriage for returns we will arrange this on your behalf through our carriers. Collections from customers are available Monday – Friday and are an all day service 8am – 6pm. The drivers cannot call before collection and we cannot provide a narrower time window. The charge for collection will vary depending on size of Products and location. Please contact Customer Services for the associated costs. We will not be responsible for failed or delayed collections and/or any associated costs.
13. PERSONAL INFORMATION
14. COMPLAINTS PROCEDURE
- 14.1 We are committed to providing high quality Products and service to all of our customers. Therefore, we hope that you are pleased with the product you have purchased and the service you have received.
- If you have a complaint or in any way feel dissatisfied with the Products or service you have received we would like to hear from you as quickly as possible so we can take every opportunity to resolve your complaint. We seek to continuously enhance our customer experience and we use complaints as an opportunity to further build on improving our customer service.
- All complaints are dealt with by our Customer Services department. They are contactable Monday to Friday (8.00am – 5.30pm) or Saturday (8.00am – 4.30pm) via:
- Telephone: 08000 433 443 or 03335 775 773
- Email: [email protected]
- Post: Old Stoke Road Arminghall, Norwich, NR14 8SQ
- Upon receiving your initial complaint, Customer Services will aim to contact you as soon as reasonably possible to acknowledge receipt and discuss the process of resolving your issue.
- If you have a complaint regarding a Product which you feel may have a manufacturing fault we will initially ask for some photos of the product to enable us to assess the possible problem. If we are unable to assess the problem fully using this method we may need to get the product independently inspected, in which case, an independent assessor will visit you to carry out a full inspection of the product. The independent inspector shall produce a report stating the nature of the fault or detail why the Product is not faulty. This inspection is final and we abide by the report produced.
- If you feel we have not resolved your complaint satisfactorily, Mattressman Ltd is a member of The Furniture and Home Improvements Ombudsman which is a government approved independent organisation set up to help resolve such disputes. The Furniture and Home Improvements Ombudsman will only process a complaint once Mattressman Ltd has had the opportunity to resolve matters with you initially so please contact Customer Services in the first instance.
15. OTHER IMPORTANT TERMS
- 15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
- 15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Conditions.
- 15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- 15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 15.6 Which laws apply to this contract and where you may bring legal proceedings. The contract is governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
If you would like to review previous versions of our Terms and Conditions, you can do so using the following links:
Terms and Conditions applicable until May 2010
Terms and Conditions applicable until June 2012
Terms and Conditions applicable until November 2012
Terms and Conditions applicable until December 2021