Effective Date: 01.01.17
Welcome to our We Sell Sleep™ UK website (the "We Sell Sleep™ UK Site" or the "Site").
Bed and Bath Emporium Limited trading as We Sell Sleep ("Bed and Bath Emporium", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
- About the Bed and Bath Emporium™ UK Site.
Bed and Bath Emporium Limited's address and registered office is 1 Seebeck Pl, Milton Keynes MK5 8FR; registered in England and Wales with company registration number 9165913; VAT registration number 248888048.
- Purchase Related Policies.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Bed and Bath Emporium, its affiliates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Bed and Bath Emporium, its affiliates, licensors or partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by Bed and Bath Emporium, its affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Bed and Bath Emporium’s prior written consent
- Limited Licences
All content available on the Site, including, but not limited to, text, graphics, logos, button. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
6.Your Obligations and Responsibilities
- Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service at firstname.lastname@example.org
Alternatively, you can update your details through "my account" page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Service at email@example.com
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. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Bed and Bath Emporium’s best interests to do so.
- Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 19. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of ""spam."" You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) ""stalk"" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
- Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING, AS APPLICABLE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Your use of this Website and any purchase by you of any goods from Bed and Bath Emporium shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
- Orders & Product Descriptions
- All Orders must be placed through the Website or over the phone.
- Our display of Goods on the Website is an invitation to treat. Your submission of an Order represents an offer to purchase the Goods indicated by you and it is not binding on us until we have despatched the order.
- We comply in full with all relevant consumer regulations. We will attempt to deliver Orders within timescales set out on the website. If this time period is exceeded for any reason, we will notify you by email of this delay and give you the option of cancelling your Order. Please note this guarantee does not apply for Orders where delivery has been attempted and our courier has been unable to make the delivery.
- All Goods are offered for sale subject to availability and subject to our acceptance of the Order. In the event that any Goods ordered are out of stock, we will endeavour to inform you as soon as we are made aware by our supplier. The Order relating to the unavailable Goods will be cancelled and a full refund will be applied.
- All Product Descriptions related to Goods which contain any descriptions, specifications, drawings or prices of the Goods are published or submitted for guidance only. However, we are under a legal duty to supply Goods which are in conformity with the Contract and therefore, we reserve the right to make minor modifications to the design and specification of the Goods without notice to you, but agree to notify you of any major or material modifications.
- Restricted Items: It is against the law to sell or supply intoxicating substances, such as alcohol, or to sell any knife, knife blades or razor blades to persons under the age of 18 years of age in the UK, the Republic of Ireland or the Channel Islands. By placing your Order on these items with Special Conditions, you confirm that you are at least 18 years of age. We may contact you via telephone to verify your age, or if we require documentation to support the purchase and we will require a valid identification, such as a driving licence, passport or birth certificate to be sent to us. Should we deem that the identification is not valid or identification cannot be provided for the purchase, we may cancel the Order. The courier delivering such an order may request identification at the point of delivery to verify your age. Where such identification cannot be provided or the courier is not satisfied with the age of the recipient, the courier may retain the delivery.
- Payment & Prices
- All Goods are exclusive of delivery charges, which will be indicated to you during the ordering process.
- We reserve the right to modify our prices at any time.
- The original recommended retail price (RRP) or suggested retail price (SRP) quoted in the Product Description is the price provided by our supplier. This price is provided for comparison purposes only.
- Any refunds will be made to the card or PayPal account used in the Order within 7 days of receipt by us of any returned Goods. To comply with audit standards, the card or account details used for refunding an Order cannot be amended.
- Fraud checks may be conducted on our Orders. This involves checks on details provided during the ordering process including the address details. This may involve your details being passed to a 3rd party fraud checking company. On occasion we may ask for additional information in order to process your Order. We will conduct this process as quickly as possible however on occasion dispatch of Goods may be delayed. We reserve the right to cancel any order.
- The Price is that price displayed on the Website at the time we receive your Order. While we try and ensure that all Prices on our Website are accurate, errors may occur. If we discover an error in the Price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your Order at the correct Price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund.
- Delivery & Returns
- You have the right under relevant consumer regulations to cancel your Order within 14 days from the day after you take physical possession of the Goods.
- Mattress returned after 14 days from the day after you take physical possession of the goods are subject to a £25 restocking fee.
- All Goods will be delivered to your registered address or, where requested by you as part of the Order, to another address selected for that particular Order. It is your responsibility to give us the full and correct delivery address details. We are not able to deliver to PO Box numbers and cannot receive amendments to the delivery address once the Order is dispatched.
- If you are not present at the time of delivery, a delivery note will be left, stating that the courier will re-attempt delivery the following day, or that the Goods have been left in a secure location outside of the property or with a neighbour. If this is not possible, the Goods will be returned to the courier delivery depot and the driver will attempt to deliver the Goods another time. If the Goods have been returned to the courier depot after three attempts, then the Goods will be returned to our warehouse. The Goods will automatically be returned to us as undeliverable. We are unable to resend Goods that are returned to us as undeliverable. In that case, we will refund you the value of the Goods ordered.
- Please return any incorrect or defective Goods to us as soon as possible
- If any Goods are to be returned, you must return the Goods in good condition, unused and with their original packaging. We reserve the right to reduce a refund on any Goods that are incomplete, damaged or dirtied up to a value of 100% of the Price.
- Your refund will be processed within 7 days of our warehouse receiving your Goods and will include a refund of our standard outgoing delivery charge.
- Other than for defective products, returns outside the timeframe set out above may be accepted at the sole discretion of us and may be refunded as a credit to be spent online. Any unauthorised returns will be refused.
- We will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods howsoever caused.
- You may occasionally receive vouchers from us.
- Unless otherwise stated, vouchers can only be used once.
- Only one discount code can be used per order.
- No cash alternative available.
- Only one voucher is eligible per household.
- Vouchers are valid until the specified date, or till the 31st December of the current year (if no date is specified).
- We reserves the right not to issue discounts or remove them where we have grounds to suspect the promotion has been used in contravention of the Conditions. We reserve the right to withdraw, amend or extend a voucher code promotion at any time. Other terms may apply, please see the specific promotion terms for full details.
- A voucher is only applicable to the email address it was sent to and is not transferable.
- Vouchers are valid on the We Sell Sleep Website only.
- Should you cancel or return Goods from an order where a promotional discount code has been used, no refund of this promotional code or equivalent value will be provided.
- Vouchers cannot be split into smaller values and any remaining amount left on a discount code or voucher after a purchase cannot be retained.
- Some vouchers may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery charges) has to be equal to, or higher than, the minimum spend specified.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us by email at firstname.lastname@example.org Copyright © Bed and Bath Emporium 2017. All worldwide rights reserved.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.