Terms of service

TERMS & CONDITIONS

Last Updated: 15th March 2024

Before you place an order or make a request for goods and services from Sleep 8 Intrinsic Limited (“Sleep 8”, “we”, “us” or “our”) you must agree to the following Terms and Conditions (“Terms”). In these Terms, you means the person placing an order for our goods and/or services via our Site or in our Stores. Please read them carefully.

  1. INTRODUCTION

Who we are

1.1 Sleep 8 is a trading name operated by Sleep 8 Intrinsic Limited, a company registered in England with company no. 14029814. Our address is Palmerston House, 814 Brighton Road, Purley, Surrey, United Kingdom, CR8 2BR. VAT registration number: GB408355694.

1.2 Sleep 8 reserves the right to change these Terms from time to time without notice to you and any changes will take effect on the day they are posted for any orders placed on or after this day. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing Terms. You will be requested to read and accept these Terms every time you place an order. For the avoidance of doubt, the terms applicable to your order will be the terms in force at the time the order was placed.

1.3 You accept these Terms by [ticking the box / clicking ‘I accept’] or by signing these Terms or placing an order in any of our Stores (as defined at clause 2.1). For this reason, we encourage you to review them whenever you use this website or place an order in our Stores to ensure that you are familiar with the latest Terms. We also recommend to all our customers to print and retain a copy of the Terms for future reference.

1.4 Please note that nothing contained in these Terms in any way affects your statutory rights, for example, your rights under the consumer laws.

How to contact us

  • We have tried to make these Terms easy to understand but we do understand that you may have questions about some sections when you read them. Our staff are here to help and will be more than happy to assist you with any query you may have.

1.6 Before you place an order, if you have any questions relating to these Terms please contact us by e-mail at customerservices@s8group.eu or call us on 01708 947486 between 9am – 5pm Monday to Friday, excluding public holidays.

How we may contact you

1.7 If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.

  1. 2. APPLICATION OF TERMS

2.1 These Terms apply to all your purchases of goods and/or services from any of the Sleep 8 stores located in the United Kingdom (“Store”) and purchases of goods and/or services through our website at https://sleep8.uk/ (“Site").

2.3 Each order or acceptance of a quotation for goods and/or services by you from Sleep 8 shall be deemed to be an offer to purchase the goods and/or services at the price listed on our Site or displayed in Store, subject to these Terms.

2.4 No order placed by you shall be deemed to be accepted by us until a written acknowledgement of order (order confirmation) is issued by us. Please note when we use the words "writing" or "written" in these Terms, this includes emails. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of the goods and/or services to you in accordance with these Terms.

2.6 Nothing said by any of the Sleep 8 members of staff should be understood as a variation of these Terms. Any changes to these Terms shall only be effective if agreed in writing between us and you.  

  1. PRODUCT INFORMATION

3.1 Please note when purchasing goods online, the shopping experience from buying in-store, is very different. You should note that:

3.1.1 pictures and images on our Site are for illustration purposes only. For an accurate description of any goods and details of what is included with the goods, please read the description on our Site.

3.1.2 due to the constraints of digital reproduction on different web browsers or display settings, we cannot guarantee that the colour, texture, or finish of the product on screen will be identical to the goods purchased by you; and

3.1.3 the sizes and shapes of the goods will differ in real life from how they appear on your screen. We provide dimensions and measurements in the descriptions of the goods, and it is your responsibility to check that the actual size of each item is suitable for your purpose. Our responsibility is limited to providing the dimensions and measurements of the goods.  Subject to clause 10, will not accept any return, refund or exchange requests for any error made by you in ordering the goods. If the measurements/dimensions published in our website or in-store brochure are wrong, we shall accept a return or exchange of the goods.

3.2 All goods are subject to availability, and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any amount paid to us in respect of those goods.

3.3 We may need to update product/goods information on the website due to design developments. We reserve the right to amend the design and specification of goods, or update, change or remove any information, prices, goods, specifications, and descriptions on our Site, at any time without notice before an order is made. You should be aware that goods advertised on our website will always be supplied to their most recent description and specifications. You are therefore advised to read the current furniture specifications on the website and should not assume standard sizes are as they were on any previous goods order.

3.4 We do our best to ensure that all information on our Site is accurate at all times. To the maximum extent permitted by law (including the Consumer Rights Act 2015), we do not warrant the accuracy, completeness, or suitability of any information on our Site.

  1. ORDERING

4.1 To place an order with us you must:

4.1.1 provide the information we require such as name, payment details, delivery address, email address and phone number.

4.1.2 be over the age of 18; and

4.1.3 be purchasing goods to be delivered in the UK.

4.2 You agree to provide true, accurate, current, and complete personal information when ordering and should not impersonate another person. You must not use any false name or any name that you are not authorised to use.

4.3 When you order through our Site or in Store, it is your responsibility to check all details of the order, including selected goods, delivery details and pricing before you place your order.

4.4 Unless otherwise agreed between the Parties, we take payment in full at the time you place your order. Taking payment does not mean that we have accepted your order.

4.5 We may offer finance options as set out on our Site or described to you in Store. If the finance options are powered by a third party, your use of the finance options may be subject to additional terms and conditions provided by the third party.

4.5 When placing an order, it is your responsibility to check when products will be available for delivery. This will be made clear on our Site or informed to you in Store. By placing your order, you agree that the lead times made known to you are suitable for your needs.

4.6 Once we have validated your payment and accepted your order, you will receive an email confirming the details of your order, which will include an order number, the delivery and billing addresses, a description of the order, and an estimated delivery timeframe (Order Confirmation).  At this point, a legally binding contract will be in place between you and us.

4.7 It is your responsibility to check the order confirmation and notify us immediately by telephone or email (our contact details are provided in clause 1.6) of any errors. We will use our reasonable efforts to promptly respond by telephone or email to any queries that you raise.

4.8 Although unlikely, we may need to cancel, at any time before delivery, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if we cannot supply the goods that you have ordered for any reason (for example for an event beyond our reasonable control) or if the goods and/or services ordered were subject to an error on our Site (for example, in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit. If you choose a refund or store credit, any delivery costs that you have paid will be refunded to you.

  1. BESPOKE GOODS

5.1 You may request that we manufacture bespoke or handmade goods to your exact specifications, including (but not limited to) changes to size, style, design, colour, materials (Bespoke Goods).

5.2 We will contact you to discuss product specifications for your Bespoke Goods prior to providing a quote. You agree to carefully review the product specifications included in your quote prior to accepting the quote. If you request any changes to the product specifications, you acknowledge and agree that we may amend our quote.

5.3 Any quote issued by us for the manufacturing of Bespoke Goods is valid for 14 days. If you do not accept our quote during this time, we reserve the right to amend the quote and you acknowledge and agree that the quote may increase.

5.4 You accept our quote by paying a 30% deposit (Deposit). You acknowledge and agree that we will not commence manufacturing your Bespoke Goods until a Deposit has been paid in full.

5.5 Upon your payment of the Deposit, we will issue you with an order confirmation setting out your order number, the Bespoke Goods ordered, any applicable product specifications, and estimated delivery timeframes. You must notify us immediately, and in any case within 48 hours, if there is any error in the product specifications set out in your order confirmation.

5.6 Because the Bespoke Goods are tailored for your specifications, you do not have a right to cancel for change of mind, however, as a gesture of goodwill, we offer a 48 hour cooling off period on any orders for Bespoke Goods, and you may cancel your order during this time. If you choose to cancel your order within 48 hours of us confirming your order, we will refund you any Deposit that has been paid by you to us. Orders for Bespoke Goods cannot be cancelled after this time.     

5.7 The Bespoke Goods will be manufactured in accordance with any product specifications agreed with you at the time of placing the order. Where there is any ambiguity in the product specifications, our team will attempt to contact you to seek instructions. Production of your Bespoke Goods will be paused during this time. If our team is unable to reach you and does not hear back from you within 1 week of attempting to make contact, interpretation will be at the discretion of our team. To the maximum extent permitted by law, we will not be liable for any changes to the Bespoke Goods as a result of any interpretation by our team where they have attempted to make contact with you. 

5.8 Without limiting your consumer law rights (including under the Consumer Rights Act), it is your responsibility to ensure the product specifications you provide to us relating to the Bespoke Goods are correct and accurate and that you have considered these in light of any room or location where you intend to house the Bespoke Goods. If we have informed you that we do not consider the specifications to be suitable for your intended purposes or uses, and you instruct us to commence the manufacture of the Bespoke Goods against our advice, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from any liability, to the extent that the Bespoke Goods have been manufactured in accordance with the product specifications

5.9 You represent and warrant that any design created by you in relation to the Bespoke Goods does not infringe the intellectual property rights of any third party. If you are using designs created by a third party, it is your responsibility to obtain their consent to use their design prior to accepting our quote.

5.10 We aim to have Bespoke Goods available for delivery from our warehouse within the specified lead time agreed between the parties and set out in our Order Confirmation The delivery terms contained in clause 7 of these Terms apply to any delivery of Bespoke Goods.

5.11 To the maximum extent permitted by law, other than during the cooling off period, we do not accept change of mind returns in respect of any Bespoke Goods. Any faulty Bespoke Goods will be handled in accordance with our Warranty contained in clause 9. Nothing in this clause 5.11 limits your rights at law.    

  1. DISPLAY STOCK

6.1 We may, from time to time and in our sole discretion, offer display stock for sale at a reduced price (Display Models).

6.2 Without limiting your consumer law rights (including under the Consumer Rights Act), all Display Models are sold on an as-is basis.

6.3 You acknowledge and agree that your consumer law rights will not apply to the extent that  there are any scuff marks, minor scratches and imperfections (Imperfections) affecting the quality or satisfactory nature of the goods and such  Imperfections were specifically brought to your attention by us at the time of or prior to you placing your order, or where you otherwise examined the goods in person and that examination ought to have revealed that Imperfection affecting the quality or satisfactory nature of the goods.

6.4 Nothing in this clause 6 limits your rights at law.

  1. DELIVERY

7.1 We will advise of a delivery date to fit with the requirements on the order confirmation. We will try our best to deliver your goods within the delivery periods displayed on Site or communicated in Store, but these may need to change (including due to factors outside of our reasonable control). If we need to change your estimated delivery date, we will contact you using the details you provided when you placed your order.

7.2 The delivery location will be as set out on your order confirmation. We currently deliver to the areas set out on our Site or as notified by us to you in our Store, for the fees set out on our Site or as notified by us to you in our Store. Please refer to the delivery information on the Site (or ask us in Store) to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options prior to placing your order.

7.3 For accessories, including bed linen and bedding, you will be contacted by our couriers, who will advise you of the expected date.

7.4 Where your order contains bulky goods, including furniture, beds, or mattresses, we aim to have the goods available in our warehouse within the lead time set out in the Order Confirmation, and will arrange delivery with you once the goods have been received in our warehouse, typically within 7 to 10 working days.

7.5 The above delivery estimates do not apply to any bespoke goods that are being manufactured in accordance with your specifications (Bespoke Goods). For Bespoke Goods, we will notify you of the estimated delivery date upon accepting your order.

7.6 Unless you have expressly informed us that time of delivery is essential, time is not of the essence in these Terms.

7.7 For orders containing more than one item, the delivery fee charged is for the single largest item in the order.

7.9 You will be contacted by our in-house team to arrange a convenient delivery date for any bulky or Bespoke Goods. Once agreed on the delivery date, a three hour timeslot will be communicated to you the evening prior, and you agree that you will be available at the delivery location at the agreed date and time. You agree that you will be responsible for any costs of redelivery, including reasonable interim storage costs, if you are not available at the agreed delivery date and time without 48 hours prior written notice.

7.10 We may offer an assembly service if requested (Assembly Service). Where an Assembly Service has been requested from us, it is your responsibility to provide somewhere for a delivery vehicle to park for the duration of the in-home assembly at your cost, which can be up to 2 hours per item. The Assembly Service will only be available during the delivery timeslot initially agreed between the Parties. Should you require us to provide additional Assembly Services at a later date or time, additional fees may apply.

7.11 If our delivery partner needs to reschedule a delivery to for reasons outside of their or our reasonable control, they will contact you using the details provided at the time of placing your order. 

7.12 To the maximum extent permitted by law, we are not responsible for delays outside our reasonable control. If the supply of the goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will use reasonable endeavours to take steps to minimise the effect of the delay.

7.13 If you need to change the delivery date or time, please contact our delivery team directly as soon as possible.

7.14 We will only deliver to ground floor residences, or to the second floor where access is adequate and safe, or to higher floors where there is an appropriate sized and working lift. If delivery is required to higher floors and there is no lift or the lift is not big enough to take the items, we will deliver to a maximum level of the second floor only and you will be responsible for moving the goods to the required location.

7.15 You acknowledge and agree that it is your responsibility to ensure the goods ordered will fit into the desired room and can be delivered without access issues. It is strictly your responsibility to ensure there is sufficient, adequate, and safe access to the required delivery room. You must measure the doors, hallways, staircases, and rooms to ensure the goods ordered can be delivered having regard to their dimensions. You must ensure it is safe for the goods to be delivered to the relevant room in your house. Should windows or doors need to be removed or any alterations (including dismantling existing furniture) be required to allow access, it is your responsibility to arrange this at your own cost prior to delivery of the goods.

7.16 Our delivery partners will use reasonable endeavours to deliver the goods to your desired rooms. Where access to the desired room is not available or obstructed, or our delivery partners are concerned for their health and safety, delivery will be made to the closest available room with sufficient access. You acknowledge and agree that you will be responsible for moving the goods into the desired room in such a situation.

7.17 You agree that you (and other people at your delivery location) will behave in a respectful manner towards our personnel, including our delivery partners. We have a zero-tolerance policy for abuse towards our personnel. Should our personnel feel threatened or abused in the course of providing the goods and/or services to you, the goods will be returned to our warehouse, at your cost (including any costs associated with transporting the goods to our warehouse and storing the goods until they are collected by you or your nominated carrier). You will then be responsible for arranging delivery by a carrier nominated by you and at your own cost.

7.18 If the goods are returned to our warehouse for any reason, you agree that you will be responsible for any costs associated with returning the delivery, storage, and redelivery.

7.19 To the maximum extent permitted by law, we will not be liable for and you waive and release us from any liability arising in relation to damage caused to the goods or to any premises as a consequence of delivery where access to the delivery location or the required room is restricted.

7.20 Despite anything to the contrary, you are liable to pay to us any reasonable costs we incur, including delivery, storage, and insurance costs, as a direct result of:

(a) your failure to be present at the delivery location to take delivery of the goods at the agreed delivery date and time.

(b) your failure to provide safe and adequate means of access to the delivery location, or a failure of the goods to fit in the required room; and/or

(c) your rescheduling of the delivery with less than 48 hours’ notice.

7.21 It is your responsibility to inspect the goods immediately upon receipt and to sign the delivery note acknowledging that the goods have been received complete and in good condition. If a third party is inspecting the goods on your behalf, you warrant that they have your full authority to sign for the goods and to add comments on the delivery note or to confirm that the goods have arrived in good condition. You acknowledge and agree that the third party’s confirmation will be considered your confirmation of receipt of the goods.

7.22 Title to the goods will remain with us until you have paid the Price in full for the goods. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the goods.

7.23 Risk in the goods will pass to you when the goods have come into your physical possession, or the physical possession of a third party nominated by you, except where you have made your own arrangements for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the goods will pass to you on delivery to the carrier. 

  1. 8. PRICE AND PAYMENT

8.1 The purchase price of the goods is as set out on our Site, in a quote or as notified to you in Store. All amounts stated are in pounds sterling, being the currency of the UK from time to time and are inclusive of value added tax (or any equivalent tax in the UK, where applicable).  

8.2 You must pay us the purchase price of each good and/or service you order, plus any applicable delivery costs as set out on our Site or notified to you in our Store (the Price) and any other amounts under these Terms in accordance with this clause 8.

8.3 Prices displayed on our Site are for online purchases only and are not guaranteed for purchases made in Store or via any other method.

8.4 We will normally check our prices regularly as part of our advertising and dispatch procedures. Despite our best efforts, some of the goods listed on our website may be incorrectly priced. If there has been a pricing error, we will contact you upon receipt of your order to inform you and seek your approval to either proceed or withdraw. Should you wish to proceed we will send you another order confirmation with the correct price. If you do not wish to proceed with the order at the correct price, we will refund you any sums you have paid.

8.5 You must pay the Price upfront using one of the methods set out on our Site or notified to you in Store.

8.6 Any prices shown in our website or a printed material (except for errors/emissions) are correct at time of advertisement but are subject to change without any prior notice.

8.7 We may offer promotional discount codes from time to time which you can use for your order. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. We retain the right to withdraw or cancel a discount or promotion at any time.

  1. OUR SUPPLY OF THE GOODS

9.1 In consideration of your payment of the Price, we will provide the goods to you in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

9.2 We warrant to you that the goods will be provided using reasonable care and skill.

9.3 Unless we specifically confirm otherwise in writing before an order is placed, we do not warrant that any goods are suitable for commercial or industrial use, or for business use. If you wish to put the goods to non-residential use, please make prior enquiry and we may be able to cater for your needs providing you with a quote for Bespoke Goods.

  1. CANCELLATIONS AND ALTERATIONS

10.1 If you have made a mistake in your order or wish to cancel your order, you must contact us within 48 hours of placing the order, and we agree to use reasonable endeavours to correct the mistake or assist you with cancelling the order. You shall ensure that the terms of the order confirmation and any applicable specification are complete and accurate. Subject to clause 10.2 below, where the goods have been dispatched, you acknowledge and agree that you may no longer cancel your order.

10.2 We offer exchanges (subject to stock availability), and if you have ordered the goods online you may have a consumer law right for a refund of goods where you change your mind, if:

(a) you inform us within 14 days of receipt of the goods, and if reasonably required by us, provide us with your proof of purchase. Where your order has been dispatched in instalments, you have 14 days from the date you receive the last instalment to return any goods from that order.

(b) the goods are in their original condition and have not been used, worn, damage, tampered with, washed, or altered.

(c) the goods are in their original undamaged packaging with all tags intact; and

(d) the goods are not Bespoke Goods, otherwise custom-made goods, or gift vouchers.

10.3 You must contact us to arrange an exchange or refund using our contact details set out in the beginning of these Terms.

10.4 Where you have chosen standard delivery, we will refund you the costs of the standard delivery. Where you have chosen any additional delivery services, including expedited delivery, you acknowledge and agree that we will deduct the costs of any additional delivery charges, storage or assembly charges from your refund.

10.5 Should you wish to seek an exchange or refund of the goods in accordance with the provisions of clause 10.2, we will arrange a time to collect the relevant goods. You acknowledge and agree that the cost of returning any items is solely your responsibility. We will notify you of any collection costs prior to arranging collection. The goods will remain at your risk until we have collected the relevant goods. In the case of a refund, title in the goods will revert to us once we have processed the refund.

10.6 Any collection will be from the delivery address stated in the order confirmation unless we agree otherwise, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection the access to the goods is clear and free from obstruction. If you or a nominated adult are not available, or the access is not clear and free of obstruction then we will not collect the goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence, in which case our liability is limited to the repair of that damage with no element of betterment.

10.7 Goods must be returned in their original packaging and unused condition. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of handling or damage by you.

10.8 Any refunds are processed using the method you used for payment within 14 days of your return of the products (or from when you provide us with evidence that you have returned your order) subject to clause 10.9 below.

10.9 Please note that a refund will only take place after the goods have been returned, inspected by our returns department, and deemed to be in a resaleable condition.

10.10 The return provisions above relating to change of mind returns do not apply to any goods:

(a) you have purchased from any of our Stores (including any clearance Stores). 

(b) which were previously used as Display Models, and this was brought to your attention at the point of sale.

(c) are bespoke and/or made to your specification. Refer to clause 5 for terms relating to Bespoke Goods; and

(d) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (including but not limited to our mattresses, pillows, linen, mattress protectors and other soft items).

  1. COMFORT GUARANTEE

11.1 In addition to any other rights you may have at law or under these Terms, we agree to provide you with a 100-night comfort guarantee subject to this clause 11.

11.2 If, within 100 nights of our delivery of a new mattress to you (Guarantee Period), your mattress is not proving comfortable, you may contact us to exchange your mattress for a different brand or model that we stock (Comfort Guarantee).

11.3 In order to receive an exchange under the Comfort Guarantee, you must:

  • sleep on your mattress for a minimum of 30 nights, as it can take this long for your body to adjust to new settings.
  • purchase a new Sleep 8 branded mattress protector at the same time as purchasing your new mattress, and use this on your mattress from the first night of the Guarantee Period; and
  • ensure your mattress remains in its original condition, free of any marks, damage, or stains.

11.4 The Comfort Guarantee applies from the date of delivery of the initial mattress only, and is not extended as a result of any exchange.

11.5 During the Guarantee Period, you may exchange your mattress up to a maximum of 2 times, and you must comply with the conditions in clause 11.3 in order to be eligible for each exchange.

11.6 Where you are exchanging your mattress for:

  • a mattress which is more expensive that your returned mattress, you will be required to pay the difference in price between the returned mattress and the new mattress you have selected; and
  • a mattress which is more budget friendly than your returned mattress, we will provide you with refund for the difference in price between the returned mattress and the new mattress you have selected to your original payment method, within 7 days of our receipt of the returned mattress.

11.7 We will collect your original mattress at the time of delivering your replacement mattress. We will contact you to arrange delivery and collection, and clause 7 will apply to our delivery of your exchanged mattress.

11.8 You will be responsible for covering any delivery and collection costs associated with your exchange. We agree to make you aware of the cost of delivery and collection prior to actioning your exchange. 

11.9 The Comfort Guarantee does not apply:

  • to any Bespoke Goods, including any mattresses made to custom size;
  • to any bed bases, frames, divans, adjustable or ottoman bases;
  • to ex-display or re-conditioned mattresses; and
  • to any mattresses which have been soiled or damaged, or otherwise used other than in accordance with our instructions or any manual provided by the relevant manufacturer.

11.10 To make use of your Comfort Guarantee, simply contact us using our contact details in clause 1.6.

  1. GOODS WARRANTY

12.1 This clause 12 does not apply to any purchases of Display Models or any clearance items.

12.2 In addition to any other rights you may have at law, we warrant to you that the goods we supply to you will be free from defects for the following Warranty Periods, subject to this clause 12 (Warranty):

Type of Good

Warranty Period

Ergomotion beds

10 years

iSense beds

10 years

Beds

10 years

iSense mattresses (except any electrical components)

10 years

All other mattresses

10 years

Massage chairs

5 years

Sofas, sofa beds, chairs, bedside tables, dressers and chest of drawers

5 years

Any electrical components on iSense mattresses (including pumps and controls)

3 years

Gadgets

3 years

12.3 In the case of any electrical components in an iSense mattress (iSense Electrical Components), upon the expiry of the 3 year Warranty Period, we agree to provide a further prorated warranty up to 10 years from the date of delivery of the goods as follows (Prorated Warranty):

Warranty Period

3 years (+1 day) to 8 years

8 years (+1 day) to 10 years

Type of Electrical Component

Remedy

Remote

iSense to cover up to 50% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 50% of the suggested retail price).

iSense to cover up to 35% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 65% of the suggested retail price).

Control Unit (Pump)

iSense to cover up to 50% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 50% of the suggested retail price).

iSense to cover up to 35% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 65% of the suggested retail price).

Biometric Sensors

iSense to cover up to 50% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 50% of the suggested retail price).

iSense to cover up to 35% of the recommended retail price of the relevant component as set by the manufacturer (and you must cover the remaining 65% of the suggested retail price).

12.4 The Warranty Period commences upon the date of delivery of the goods unless otherwise specified.

12.5 Subject to the terms of this clause 11, if during the Warranty Period, the goods prove defective by reason of faulty design, improper workmanship, or materials (Defect), we will repair or replace the goods.

12.6 Where goods develop a fault within the applicable Warranty Period, you should notify us in writing immediately upon the Defect becoming apparent with full details, including the model, the date purchased and photographs of the defect/fault. We may request to inspect the goods before confirming that the goods can be returned. If the fault or defect is covered under the warranty, you must return the faulty goods (or part thereof) to us, and we will, at our sole discretion, arrange for goods to be repaired or replaced. This will not affect your statutory rights.

12.6 Where you return goods as part of a Warranty claim (including under the Prorated Warranty), you will be responsible for covering the costs associated with returning the goods to us, and where we find the Defect is covered by this Warranty or the Prorated Warranty, we will refund the associated delivery costs of you returning the goods to us.

12.7 In order to make a claim under the Prorated Warranty, you must pay in full for the replacement component and upon our receipt of the returned damaged component, we agree to refund you the percentage set out in the table above to your original payment method within 30 days from the date of our receipt of the damaged component.

12.8 This Warranty (including the Prorated Warranty) does not cover any Defect which is caused (or partly caused) or contributed to by any:

  • deterioration or indentation in any mattress due to a lack of a proper and supportive foundation, including any deterioration or indentation caused as a result of the use of an adjustable bed
  • reasonable wear and tear of your goods.
  • act of God or force majeure event (including but not limited to flood, earthquake, fire, other natural disaster, war, riot, invasion, act or terrorism, contamination, or any other event or circumstance beyond our reasonable control);
  • act or omission, accident, negligence by you or any third party not engaged by us (including any third-party installer of your goods);
  • failure on your part to follow any instructions or guidelines (including any manual) provided by us in relation to your goods or properly maintain your goods in accordance with any of our instructions or guidelines (including any manual).
  • use of your goods otherwise than for any application or use specified by us, including any use of the goods for commercial or industrial purposes or non-residential use generally.
  • continued use of your goods after any Defect in your goods becomes apparent or would have become apparent to a reasonably prudent person.
  • incorporation or installation of fixtures, appliances or other items into your goods.
  • failure by you to notify us of any defect in your goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect; or
  • installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the goods by you or any person other than us.
  1. REMOVAL SERVICES

13.1 Where requested by you, we may offer to remove and recycle your old furniture for an additional fee (Removal Services).

13.2 Where we have agreed to provide Removal Services, you acknowledge and agree that:

(a) it is your responsibility to disassemble any products which are to be removed prior to the arrival of our personnel. If you require assistance with dismantling any old furniture during the Removal Services, please contact us in advance of your booking for the Removal Services. We may, in our sole discretion, offer dismantling assistance at an hourly rate of £99 (including VAT) per hour or part thereof of for our personnel’s time to dismantle any old furniture. You acknowledge and agree that nothing in this clause obliges us to provide dismantling assistance and any such assistance will be agreed between the parties in writing; and

(b) you must provide adequate and safe access to your premises to allow our personnel to remove the necessary products.

13.3 You warrant that you have the necessary rights and title to engage us to provide the Removal Services.

13.4 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from, any liability arising from or in connection with our failure to provide the Removal Services, to the extent you have failed to comply with your obligations in this clause 13.

  1. LIMITATION OF LIABILITY

14.1 The restrictions on liability in this clause 13 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

14.2 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence).

(b) fraud or fraudulent misrepresentation.

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quite possession); and

(d) defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, but despite anything to the contrary, to the maximum extent permitted by law:

(a) the goods sold by us are provided for domestic and private use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of business, business interruption, loss of business opportunity and/or loss from claims of third parties arising out of the use of our website or for any goods or services purchased from us.

(b) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

(c) our total aggregate liability to you will not exceed the price paid by you and received by us for the goods and/or services and any other charges relating solely to the goods and/or services to which the liability relates, provided that we take reasonable care when we deliver the goods to you. This clause 13.4(c) does not affect our obligations to provide remedies in respect of any breach of your statutory rights contained in the Consumer Rights Act 2015.

14.4 Subject to clauses 13.2, 13.3 and 13.4, but despite anything to the contrary, if either party fails to comply with these Terms, neither party will be responsible for any losses that the other party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.

14.5 We have given commitments as to the compliance of the goods with these Terms and applicable laws in clause 8. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

14.6 Nothing in these Terms affects your statutory rights as a consumer, nor does this clause 13 affect your cancellation rights as provided in these Terms.

  1. PERSONAL DATA

15.1 Personal data provided to us will be processed and used in accordance with our Privacy Policy, which is a part of these Terms. Please read our Privacy Policy carefully before proceeding, available here: https://sleep8.uk/about/privacy-policy/.

  1. FORCE MAJEURE

16.1 We shall have no liability to you for any delay in the delivery of goods ordered or any other matters to the extent that the delay is due to any event or circumstance outside of our reasonable control, including but not limited to acts of God, disease, epidemic, pandemic (including COVID-19 and any variations or mutations of this disease or illness), war, flood, fire, labour disputes, strikes, lock- outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

  1. ENTIRE AGREEMENT

17.1 These Terms govern our relationship with you. You confirm that you agree to accept these Terms by purchasing goods or services from us and the Terms constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. Your statutory rights are not affected.

  1. WAIVER

18.1 If we do not insist immediately that you do anything you are required to do under these Terms, 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.

  1. SEVERANCE

19.1 If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

  1. EXCLUSION OF THE RIGHTS OF THIRD PARTIES

20.1 A party who is not a party to this contract for the provision of goods and/or services in accordance with these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms.

  1. GOVERNING LAW

21.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales, and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms. You waive any rights to object to proceedings being brought in the courts of England and Wales.

  1. COMPLAINTS

22.1 We are always looking to improve our goods and/or services. If you have any feedback or a complaint, please notify us on our contact details at the beginning of these Terms and we will take reasonable steps to address any concerns that you have.

22.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.


ATTACHMENT 1 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.

© Crown copyright 2013.