Terms and Conditions

These terms and conditions apply to the use of this website and the supply of any of the products displayed for sale on this website or at our Sleep Solutions Centre to you. By accessing this website and/or placing an order (whether through this website, over the telephone or at our Sleep Solutions Centre) you agree to be bound by the terms and conditions set out below.

If you have any questions relating to these terms and conditions, you should contact us before placing an order with us, either by telephone on 0800 170 7288 or by email at: info@welovesleep.co.uk.

These terms and conditions shall not affect your Statutory Rights.

1. Our Details

This website (www.welovesleep.co.uk) is operated by Janick Ltd T/A We Love Sleep. We are registered in England under company registration number 2161537 and our registered office is at Dulcimer House, 2a Wong Lane,

Tickhill, Doncaster DN11 9NH. Our VAT registration number is 471 0082 79.

2. Definitions In These Terms and Conditions:

a. "You" and "your" means the person who uses this website and/or buys or agrees to buy Goods from us.

b. "We", "our" and "us" means Janick Ltd (trading as We Love Sleep), our employees and agents.

c. “Goods” means the products displayed for sale on this website and/or in our Sleep Solutions Centre.

3. Our Rights

We reserve the right to:

a. 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

b. change these terms and conditions from time to time. It is your responsibility to check regularly to determine whether these terms and conditions have been changed.

4. Placing an Order

By placing an order with us you are making an offer to us to purchase the Goods detailed in your order upon the terms described in your order.

With regard to orders placed through this website or over the telephone: Once you have placed an order we will send you an email confirming that your order has been received. This email is also a confirmation that your offer to purchase the Goods has been accepted.

With regard to orders placed in person at our Sleep Solutions Centre: Your receipt is your confirmation that your offer to purchase the Goods has been accepted.

A contract between you and us for the sale of our Goods will only exist once an order has been accepted, processed and despatched to you.

We reserve the right, at any time, to refuse your order for any reason.

A delivery charge will be added to your order value where appropriate.

You will be responsible for ensuring the accuracy of any order submitted by you.

5. Description of Goods

We take all reasonable care to faithfully reproduce all descriptions and specifications of Goods as provided by the manufacturers. However, specifications and descriptions of Goods on this website are not intended to be binding and are intended only to give a general description of the products.

Please be aware that images of our Goods on our website are for illustration purposes only. While we make every effort to ensure that the Goods shown are as close as possible to the actual specification there may be slight variations due to the nature of the medium.

It is your responsibility to check that the Goods ordered are as you intended to order. We cannot be held responsible for customers ordering the incorrect size or not checking the dimensions before purchase. If you are in any doubt about the specifications of our Goods, we recommend that you contact us to discuss the products in more detail.

We reserve the right to amend the specifications of Goods without notice. We also reserve the right to withdraw any Goods without notice. All Goods are subject to availability.

6. Delivery

Delivery timescales vary according to Goods ordered. Please see individual Goods for details.

Standard Delivery on all Goods is free to mainland UK addresses. If you live in Northern Ireland, The Channel Islands or any other outlaying UK Islands, delivery charges may apply. Where delivery costs apply, delivery options will be set out on the checkout page or you will be informed of such costs when placing your order over the telephone or in person.

We offer an overnight delivery service for some Goods to mainland UK addresses. Please see individual Goods for availability. Where overnight delivery is available it is priced at £8.00. Subject to availability, Goods ordered on an overnight delivery service and accepted by 1:30pm will be delivered on the next business day. This means that Goods ordered on an overnight delivery service after 1:30pm on a Thursday will not be delivered until the following Monday, or Tuesday where the Monday is a public or bank holiday.

Most Goods are delivered via Royal Mail. For larger Goods and Goods on overnight delivery, we use a parcel carrier who deliver Monday to Friday only (excluding UK public and bank holidays). Delivery details for mattresses, beds and other furniture orders can be found in the Delivery section of our website, which is prominently placed on our homepage.

If an item is temporarily out of stock we will notify you of the delay and despatch it as soon as possible.

We are able to deliver to some countries outside the UK. Delivery charges will vary, please contact us for details. Overseas deliveries may be subject to local import duties and taxes, and may be affected by Customs and Excise delays. Please note that we cannot be liable for any local import duties, taxes or delays. For estimated delivery timescales, please contact us.

Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address. We do not need to satisfy ourselves that the person accepting delivery at the agreed address is authorised by you to accept the Goods.

In the case of failed deliveries (other than where the Goods are faulty), the cost of the failed delivery will be charged to you, as follows:

a. Where Goods are sent out by parcel carrier, and after several attempts the parcel carrier fails to deliver them to you or you refuse to accept them, and the Goods are returned to us, we may charge you up to £30 to cover the cost of the failed delivery.

b. In the case of mattresses, beds and furniture orders, if you are not there to take collection of the Goods on the pre-arranged day/time, or you refuse to accept them, a charge of £30 for Goods sent by one man delivery service and £110 for Goods sent by two man delivery service will be made to cover part of the cost of the failed delivery.

Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside our reasonable control.

7. Payment and Price

Full payment is required at the time the order is placed. We accept payment in a secure environment by debit/credit card. We currently accept payment by Visa, Visa Debit, Mastercard, Delta & Maestro. All transactions are shown in pounds sterling (£).

All prices and charges quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate but exclusive of delivery charges (where applicable).

Prices are liable to change at any time, but changes will not affect orders already accepted by us.

With regard to Goods delivered internationally, any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.

8. Risk and Ownership

The Goods shall be at your risk once delivery has taken place. You will be responsible for the care of the Goods once you have received delivery of them and you must take reasonable care of them. Should the Goods be returned to us having been damaged while in your care, the cost of such damage will be recovered from you.

Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods (including delivery charges, if any), regardless of whether delivery has taken place.

9. Returns Policy

a. Your Right To Cancel Under The Distance Selling Regulations

In compliance with the Distance Selling Regulations, if you are contracting with us as a consumer online or by phone and haven’t already examined the Goods at our Sleep Solutions Centre, you are allowed a "cooling off" period in which to cancel your contract for the purchase of Goods, provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Goods. In this case you will receive a refund of the full price paid for the Goods, save as set out below. If you have paid a delivery charge this will also be refunded but if you are only returning part of the order, then we are not obliged to repay any of the delivery charge.

If you wish to cancel your contract for Goods, you must give us notice of the cancellation in writing to We Love Sleep, Sleep Solutions Centre, Unit 10 Devonshire Business Park, 78 Eldon Street, Sheffield S1 4GT or by email to info@welovesleep.co.uk. You are advised to keep a copy of all correspondence sent.

Please note that Goods that are not held in stock by us and are ordered and/or manufactured specifically for you (such as made-to-measure goods) cannot be cancelled once the order has been accepted by us.

You will be required to arrange and pay for the return of the Goods to us.

If you prefer, we will arrange to collect the Goods from you, but the cost of this will be charged to you and will be deducted from any refund to you. You will be notified of the fee at the time of cancellation.

You have an obligation to take reasonable care of the Goods while they are in your possession. Please ensure that the Goods are returned unused.

b. Faulty Goods

In the rare event that Goods develop a fault, complaints relating to the faulty Goods should be notified in writing to We Love Sleep, Sleep Solutions Centre, Unit 10 Devonshire Business Park, 78 Eldon Street, Sheffield S1 4GT or by email to info@welovesleep.co.uk.

Where Goods are reported as faulty, we will, at our discretion, either replace or repair any Goods that fail within 12 calendar months of delivery by reason of faulty materials or workmanship. We reserve the right to inspect the Goods before replacing or repairing Goods.

c. Refunds

All refunds will be made onto the same card used to make the original purchase.

10. Making returns

When returning any Goods to us, please send them back to us at:

We Love Sleep

Sleep Solutions Centre

Unit 10 Devonshire Business Park

78 Eldon Street

Sheffield

S1 4GT

When returning Goods you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

11. Disclaimer and Limitations of Liability

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.

Our entire liability for losses under or in connection with any contract for any Goods to which these conditions apply shall not exceed the price of the Goods.

We use reasonable endeavours to ensure that the information on this website is accurate and up to date, however we do not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.

We will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods ordered by you if the delay or failure was due to any cause beyond our reasonable control.

We take all reasonable steps to ensure a fast and reliable service, however we do not guarantee that your use of this website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

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 this website.

We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the Goods or their use or resale by you.

We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

12. Privacy

You can use this website without submitting personal data. However, when you place an order for Goods with us we will ask you to supply the personal data necessary for us to invoice you and deliver your order: including your name, address, email address, telephone number, payment information, etc.

You consent to the processing of such personal data in accordance with our privacy policy and you warrant that all data provided by you is true, accurate, current and complete in all respects. Please notify us immediately of any changes to your personal data by emailing us at info@welovesleep.co.uk or by calling us on 0800 170 7288.

13. Severability and Survival

If any part of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that term, condition or provision shall be deemed to be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Each provision of these terms and 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.

14. Waiver

If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to your use of this website and purchasing Goods from us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

16. Credit Card Security

We know of no documented cases of credit card fraud using our shopping system over the Internet. All credit card numbers are encrypted when the order is placed using 128bit SSL encryption. We employ additional security from both Visa & MasterCard to ensure your shopping experience remains secure.

17. Website functionality

We do not guarantee that our website will be compatible with all hardware and software which may be used by visitors to the site. If you experience any difficulty using our website, please contact us via email at info@welovesleep.co.uk

18. Linking

We may provide links to other websites or resources for you to access at your sole discretion. These links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

19. Materials in Site

This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:

- Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with us; and

- Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Unauthorised use of material on this website may give rise to a claim for damages and/or be a criminal offence.

19. Law

These terms and conditions and your use of our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English court.