Legal & Privacy
1 OUR TERMS AND CONDITIONS
1.1 This website is owned and operated by Ergoflex® Limited (Company No. 6187613) whose registered office is at 246 Park View, Whitley Bay, Tyne and Wear, NE26 3QX.
1.2 Please read these terms and conditions carefully as they apply to your access and use of our website and the sale and supply of goods by us to you. They include important sales and products information relating to our goods and form the basis of any agreement between us should you wish to proceed with an order.
1.3 We request that you pay particular attention to the Privacy Policy which sets out the principles by which we abide in relation to the treatment of information about visitors to our website.
1.4 To protect your own interests, please read these terms and conditions carefully and make sure you understand them before proceeding with an order. If you are uncertain as to your rights under them or you want an explanation about them please contact our customer services department on [0800 0241122] or by email to [sales@ergoflex.co.uk]. Once you have read them and if you wish to proceed with a purchase, click the ["proceed"] button and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this website.
2 BASIS OF AGREEMENT
2.1 Unless otherwise agreed in writing, these conditions shall apply to the exclusion of any other terms and conditions.
2.2 We will treat each order that you place as an offer by you to purchase the goods from us in accordance with these conditions.
2.3 We will acknowledge receipt of your order without undue delay by e-mail. Please note that our acknowledgement of receipt of your order is not our acceptance of your order which we will send separately.
2.4 No order submitted by you is accepted by us until we confirm its acceptance in writing. No contract shall exist between you and us until we confirm our acceptance of your order in this way.
2.5 If, for any reason, we do not accept your order we will advise you as soon as practicable and there will be no binding contract between us.
2.6 You must ensure that:
2.6.1 the details you provide in the order are complete and accurate; and
2.6.2 you provide us with all the necessary information relating to the supply of the goods within a sufficient time to enable us to perform the contract in accordance with these conditions.
3 DESCRIPTION OF GOODS
3.1 All product descriptions and content on our website or otherwise issued by us are intended merely to present a general idea of our goods and services. If you require any further details, please contact our Customer Services Department by telephone or by e-mail, providing details of the additional information needed.
3.2 If you buy goods which are not as described we will at your option either replace the goods or accept their return and refund any money paid for the goods. We will bear any necessary costs incurred in replacing or repairing goods that are faulty or not as described.
3.3 Any minor typographical, clerical or other error made on our website, in our acceptance of your order, on our invoice to you, in our price list or any brochures or any documentation issued by us shall be subject to correction without any liability on our part. Any typographical, clerical or other error made, which affects the price that you will pay or affects the description of the goods (other than very minor changes), shall be notified to you by e-mail and we will allow you an opportunity to cancel your order.
3.4 Our goods are manufactured to the highest standards in order to provide consistently excellent performance. However the variable nature of memory foam and the layered composition of the product may result in a sizing tolerance of up to 10%.
4 YOUR RIGHT TO CANCEL THE CONTRACT
4.1 You may cancel our contract for the purchase of the goods at any time, without penalty and without giving any reason by notice in writing to us at our address in accordance with condition 15 (below) within the time limits below. Save as set out in condition 9 (in the case of any manufacturing faults) goods cannot be returned if you have unpackaged or used the goods.
4.2 You may exercise this right to cancel during the cancellation period, which starts on the day on which we issue our acceptance of your order to you (or, if earlier, we deliver the goods to you) and ends 14 (fourteen) working days from the day after the goods are delivered to you, by giving us written notice.
4.3 If you do not cancel our contract in accordance with condition 4.1, you shall be deemed to have accepted the goods (except in the case of any manufacturing faults) and will not be able to return the goods to us after that time.
4.4 If you cancel the contract before or after the goods are delivered there will be an administration charge of £20, which will be deducted from your reimbursement. This does not apply if you return goods because they are of unsatisfactory quality. Change of delivery date or cancellation notices must be received before the order is dispatched. Therefore, please give 48 hours notice for UK Mainland, 72 hours for Highlands/Islands (Guernsey, Jersey, Isle of Wight, Isle of Man) and 72 hours for Ireland. Please contact us for International time limits.
4.5 If you cancel our contract after the goods have been delivered then:
4.5.1 you must keep the goods in your possession and take good care of them until such time as we collect them from you or you return them to us at your cost;
4.5.2 where we are collecting the goods, you must make the goods available and accessible for collection by us, in the original packaging and the original, unassembled condition in which you received them, from the premises that you have specified to us in your cancellation notice, on the date and time that we will confirm to you;
4.5.3 we shall refund all sums that you have paid, less the direct costs of our delivery and collection (or the costs of returning the goods if you return them at our cost) without delay after the goods have been returned; and
4.5.4 if you have entered into a related credit agreement to pay for the goods, then your notice to cancel our contract under condition 4.1 will also cancel the related credit agreement.
4.6 If you decide to deliver the goods back to us then you must:
4.6.1 take good care to ensure that the goods remain wrapped in their original packaging and so are not damaged in transit; and
4.6.2 pay all costs of delivery.
4.7 If you return the goods to us and they have been damaged by you in the return transit (and the damage is not the result of our actions or negligence) then you must pay what we consider to be a reasonable amount for the damage. That amount will not exceed the price for the goods. We will issue you with an invoice for the damage and you must pay that invoice on the date specified in the invoice (or if no date is specified, then 21 days from the date of the invoice). We shall be entitled to deduct the reasonable cost of any such damage out of the money that we are required to reimburse to you under condition 4.5.3.
4.8 You have no right to cancel once an order has been accepted and payment taken for goods made to your specification, for example to a special size or otherwise personalised for you.
5 PRICE
5.1 The price and availability of the goods are identified on the relevant page detailing the goods. This price includes all applicable taxes.
5.1.1 Goods delivered to the European Union are required to have a valid EORI number and will be subject to additional duties and taxes as per the UK Brexit Withdrawal Agreement, which are the customer's responsibility.
5.2 Delivery costs are itemised separately from the price for the goods, which is exclusive of all delivery costs. We will confirm to you the applicable delivery costs when we accept your order and these costs will vary according to the delivery method you choose. If you do not accept the delivery costs you will have an opportunity not to proceed any further with your order.
5.3 If goods are unavailable or we need to vary the price to take account of any substantial increase in our suppliers' prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order.
6 PAYMENT
6.1 You will be required to pay the price for the goods prior to the delivery of the goods. If we do not receive payment on the due date then we may delay delivery of the goods until such payment is received by us.
6.2 No payment shall be deemed to have been received until we have received cleared funds. If you intend to pay for the goods using credit or debit card, then we shall clear your payment immediately before we dispatch the goods to you.
6.3 International payments, made using a non-UK registered card, and any subsequent refunds, may incur surcharges applied by your bank.
7 DELIVERY
7.1 All delivery charges displayed on our website are guidelines. Final delivery charges will be confirmed to you in our acceptance of your order before dispatch and process of your order.
7.2 Unless otherwise agreed in writing by you and us, the delivery of the goods will take place:
7.2.1 at the address you have specified in your order (if the goods are to be delivered to an address other than the registered cardholder's address, proof of address will be required); and
7.2.2 within 30 days after the day on which we accept your order in writing.
7.3 You must ensure that when placing your order you provide us with all necessary information to enable us to deliver the goods to you.
7.4 Provided that we deliver the goods to the address you have specified in your order (or any other address agreed by us in writing) then the goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the goods. We do not have to satisfy ourselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the goods).
7.5 If the goods you have ordered are not available or discontinued or we are otherwise unable to deliver them to you within the 30 days referred to in condition 7.2 (or any other time limit agreed between us) we shall:-
7.5.1 inform you of this as soon as practicable;
7.5.2 be entitled to cancel our contract and refund to you any sum paid by you (or which has been paid on your behalf) under the contract, to the person by whom payment was made, no later than 30 days after the due date for delivery of the goods under the contract.
7.6 Subject to condition 7.2.2, any dates and times quoted for delivery of the goods are approximate only. The goods may be delivered to you in advance of any quoted date upon giving you reasonable written notice.
7.7 Where you are unable to accept delivery on the delivery date notified to you, you must contact us in advance to enable us to agree on an alternative date. If you fail to do so, we may charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.
7.8 In the event that delivery takes place before you have paid for the goods in full, the goods will only be owned by you once we have received payment in full.
7.9 As soon as we have delivered the goods to you, you will be responsible for them.
7.10 Goods are delivered by a third party contracted to undertake delivery on our behalf to you and are delivered only to inside your doorstep. If you request that the mattress is taken upstairs or otherwise into a particular room and any damage to fixtures, fittings or the structure of the house occurs, we cannot be held responsible for the acts, omissions or negligence of such third party performing the delivery, it's employees or sub-contractors and for any such damage should it occur.
7.11 Finance orders can only be delivered to the billing address given on the credit application, as proof of delivery is required by the finance provider. No alternate delivery address, drop off location/ leave in safe place can be requested.
8 RISK AND TITLE
This condition shall apply to any goods sold to you where you are not an individual consumer buying the goods for your own personal use.
8.1 The goods shall be at your risk from the time of delivery at the address for delivery as specified by you in your order and if you wrongfully fail to take delivery of the goods, then risk of the goods shall pass to you at the time when we tendered delivery of the goods.
8.2 Despite delivery and the passing of risk, ownership in the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
8.2.1 the goods; and
8.2.2 all other sums which are or which become due to us from you on any account.
8.3 Time for payment shall be of the essence.
8.4 Until ownership of the goods are passed to you, you must:
8.4.1 hold the goods on a fiduciary basis as our bailee;
8.4.2 store and hold the goods (at no cost to us) separately from all of your other goods or those of any third party in such a way that the goods remain readily identifiable as our property;
8.4.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
8.4.4 maintain the goods in a satisfactory condition in their original packaging and take reasonable care of them;
8.4.5 keep the goods insured on our behalf for their full price against all risks to our reasonable satisfaction and upon request from us you shall produce the policy of insurance to us; and
8.4.6 hold the proceeds of the insurance referred to in condition 8.4.5 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
8.5 You may not use, alter or resell the goods before ownership has passed.
8.6 We shall be entitled to recover payment from you for the goods notwithstanding that ownership of any of the goods has not passed from us.
8.7 You grant us and our agents and employees an irrevocable license at any time to enter any premises where the goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them and to use reasonable force in doing so.
8.8 You shall pay the price for the goods in full without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid to you by us.
8.9 We reserve the right to suspend future deliveries of goods and cancel our contract with you and your right to possession of the goods shall terminate immediately if you:
8.9.1 have a bankruptcy order made against you or make an arrangement or composition with your creditors;
8.9.2 convene a meeting of creditors or enters into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
8.9.3 have a receiver and / or administrator or administrative receiver appointed of its undertaking or any part thereof;
8.9.4 pass a resolution or you are served with a petition for the winding up of for the granting of an administration order in respect of you;
8.9.5 have proceedings issued against you in relation to your insolvency or potential insolvency;
8.9.6 suffer or allow any execution to be levied on your property or obtained against you;
8.9.7 fail to observe or perform any of your obligations under the contract or any other contract between Ergoflex® and you;
8.9.8 are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
8.9.9 cease to trade; or
8.9.10 encumber or in any way charge any of the goods.
9 WARRANTIES
9.1 The Goods are securely packaged for delivery, to ensure they reach you in excellent condition. Subject to the conditions set out below, we warrant that the goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery.
9.2 We will further warrant the goods for a total period of ten (10) years from delivery, subject to product registration with us within 30 days of receipt of the goods by you, against defects in workmanship and materials (the "Warranty Period"), subject to the conditions set out below. This warranty does not apply to the cover on the mattress, which is warranted for two (2) years against defects in material or workmanship, subject to the conditions set out below.
9.3 Defects in materials means any deterioration of the main memory foam layers, with an indentation of more than one inch (1"), not associated with a sag in the foundation, box spring, platform or cool sleep airflow layer.
9.4 Subject to condition 9.10, if we are in breach of our warranties in condition 9.1 or 9.2 then, within 30 days of us examining the defective goods, we shall (at our option):
9.4.1 repair or replace such goods (or the defective part) free of charge; or
9.4.2 refund the price of such goods (or a proportionate part of the price) provided that you deliver up the goods for collection (or, if we so request and at our expense you return the goods of the part of such goods which is defective to us).
9.5 The warranties in conditions 9.1 and 9.2 do not apply:-
9.5.1 to any normal increase in softness in the foam, which can occur during normal breaking in and with continued on-going use, or in lessening of the gradual recovery aspect of the foam, which is not a defect in materials or workmanship and does not reduce the continual pressure reducing and pressure relief properties of the goods;
9.5.2 to the use of the goods by you on improper foundations, platforms or other bases, which may result in damage to the goods;
9.5.3 to the use of the goods by individuals over 18 stone in weight (approx. 114kg or 252lbs) and couples of combined weight of more than 30 stone (approx. 190kgs or 420lbs);
9.5.4 where the defect arises as a result of wilful damage, negligence, misuse, abnormal conditions or use or your failure to follow our oral or written instructions as to the storage or use of the goods;
9.5.5 if the goods have been damaged (intentionally or due to accident or neglect), including burns, cuts, water damage, smoke damage, bodily fluid contamination, stains or is otherwise abnormally soiled or unsanitary;
9.5.6 if the tag, which identifies the goods regarding the warranty and the original invoice, has been removed or erased from the goods, as this is your proof of purchase;
9.5.7 if you make any further use of such goods after giving notice of the defect to us; or
9.5.8 if you alter or repair such goods without our prior written consent.
9.6 The warranties under condition 9.1 and 9.2 only apply to goods supplied by us to customers residing within the United Kingdom only. Nothing in these warranties affects any of your statutory rights as a consumer, details of which are set out in paragraph 13.
9.7 We do not warrant our goods are a suitable remedy for any specific medical condition and do not warrant against any complications resulting from the use or inability to use this goods. We do not warrant against individual comfort preferences, sheet fit or height issues resulting from your bed frame size or headboard style. Further, we do not warrant that the goods will be odour free, as a slight smell is usual when the goods are first unpacked.
9.8 We make no warranty or representation that:-
9.8.1 our goods will meet your particular requirements or comfort preferences; or
9.8.2 any particular results may be obtained from the use of our goods.
9.9 If you have any particular discomfort during or after sleeping, particularly neck or back discomfort you should seek medical advice. You should always listen carefully to your body and in the event of any pain or side effects, you are advised to obtain appropriate medical advice without delay.
9.10 Should the warranty at condition 9.1 or 9.2 be exercised and your goods are replaced and/or repaired, we warrant that the replacement goods will correspond with their description and will be free from defects in quality, materials and workmanship at the time of delivery, but do not provide any additional express warranties for such replacement goods. Warranty is strictly limited to one replacement product only, with no further warranties provided for replacement items.
9.11 We shall not be obliged to fulfil our warranties in condition 9.1 or 9.2 unless:
9.11.1 you give us written notice of the defect within a reasonable time of you discovering the defect.
9.12 Warranty is valid only to customers in mainland UK, excluding any business or commercial entity, including but not limited to the hospitality industry, landlords or any party with associations to any company in the mattress and/or bedding industry.
10 LIMITS OF LIABILITY
10.1 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.
10.2 We will accept all liability if something we do causes death or personal injury. We will also accept all liability for damage to your property if the cause is our fault.
10.3 Provided you are not purchasing the goods for business or commercial purposes, including but not limited to the hospitality industry, landlords or any party with associations to any company in the mattress and/or bedding industry, we are also responsible for loss caused by:-
10.3.1 the goods not matching our description of them;
10.3.2 the goods not being of the quality you would expect;
10.3.3 the goods not being fit for the purpose for which they are intended; or
10.3.4 us not having the legal right to sell the goods to you.
10.4 Other than the liability we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are a foreseeable consequence of the breach. In particular, as the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.
11 BUSINESS CUSTOMERS FORCE MAJEURE AND ADDITIONAL LIMITS OF LIABILITY
This condition shall only apply to goods sold to you where you are not an individual consumer buying the goods for your own personal use.
11.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of our obligations under our contract, if the delay or failure was due to any cause beyond our reasonable control including, without limitation:
11.1.1 acts of God, fire, explosion, epidemic or flood;
11.1.2 war or national emergency;
11.1.3 riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce);
11.1.4 restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
11.1.5 import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licenses or other authorisations);
11.1.6 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
11.2 Provided that, if any event referred to in condition 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the contract.
11.3 All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.4 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
11.5 Subject to clauses 11.3 and 11.4:
11.5.1 our total liability and contract, tort (including negligence of breech of statutory duty), misrepresentation restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to price payable by you; and
11.5.2 we shall not be liable to you for any indirect or consequential loss or damage (including loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses and other claims or consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract, or our non-performance or delayed performance thereof.
12 COMPLAINTS AND DISPUTES
12.1 If you should have a complaint about the goods or our service, you should contact us by:
12.1.1 in writing in accordance with condition 15; or
12.1.2 by telephone on 0800 0241122.
12.2 We will try to solve any disagreements or problems quickly and efficiently. We will always try to respond in writing to your complaint within 14 working days of receiving it. Our response will tell you:
12.2.1 the course of action we propose in response to your complaint;
12.2.2 the estimated time of dealing with your complaint; and
12.2.3 the contact details of a person at Ergoflex® who will be handling your complaint.
12.3 Within 14 days of our initial response under condition 12.2, we shall inform you of our substantive response to your problem and our proposal for resolution.
13 STATUTORY RIGHTS
13.1 As a consumer you have certain statutory rights regarding the repair or return and replacement of defective or misdescribed goods and the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. Nothing in these terms and conditions affects those statutory rights.
13.2 For further information about your statutory rights, please contact your local authority Trading Standards Department or Citizens' Advice Bureau.
14 GENERAL
14.1 We own the copyright in and operate this website. Any photographs displayed on our website have been reproduced by us with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit or distribute any material from this website in any way without our express written permission. All trade marks, service marks and trade names are our property (or are used with the permission of the trademark owner). Infringement of any copyright or trademarks on this website will result in appropriate legal action.
14.2 [This website may include links to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a link contained on this website.]
14.3 You shall not be entitled to assign our contract or any part of it to any other person without our prior written consent. We may assign or sub-contract our contract or any part of it to any person, firm or company.
14.4 Each right or remedy of your or of ours under the contract is without prejudice to any other right or remedy whether under the contract or not.
14.5 If any provision of our contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, unenforceable or unreasonable such provision (or relevant part) shall be deemed severed from our contract and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the contract is more or less the same.
14.6 Failure or delay by you or us in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of your or our rights under the contract.
14.7 Any waiver of any breech of, or any default under, any provision of the contract will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.
14.8 The parties to this contract do not intend that any term of this contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.9 Our website is operated and controlled from England and these terms and conditions and your use of this website and purchase of the goods are governed by and construed in accordance with the laws of England and Wales.
15 NOTICES
15.1 When you visit our website or send e-mails to us, you are communicating electronically. We may communicate with you by e-mail. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
15.2 Any notices required to be given under our contract shall be in writing and may be delivered to the other party by hand, pre-paid first class post or electronic mail.
15.3 For the purpose of these conditions and our contract notices can be sent to us:-
15.3.1 by post to: Ergoflex® Limited, 246 Park View, Whitley Bay, Tyne and Wear, NE26 3QX.
15.3.2 by electronic mail to: sales@ergoflex.co.uk; or
15.3.3 to any other address that we may notify to you in writing.
15.4 Notice shall be deemed to have been received:
15.4.1 If it is delivered to the last known address of the other party, then on the day of delivery;
15.4.2 If it is sent by post to the last known address of the other party, then on the day on which it was posted; or
15.4.3 If it is sent by electronic mail to the last known electronic mail address of the other party, then on the day it is sent.
16 PRIVACY AND SECURITY POLICY
16.1 You may visit this website and access the public information while remaining anonymous and not revealing any personal information.
16.2 We may record details of the domains from which users visit this site and analyse the data to assess trends, statistics and customer's needs. Information and data may be automatically collected through cookies. Users should familiarise themselves with the operation of cookies. Most browsers are initially set up to accept cookies. If you prefer you can set yours to refuse cookies.
16.3 If you wish to make a purchase from us, then you will be required to provide certain personal information before being able to place an order. We will only ask you for as much information as we need to process your order and perform our contract. That information will be:
16.3.1 retained by Ergoflex® for as long as it is needed to perform the contract; and
16.3.2 kept secure in accordance with the requirements of the Data Protection Act 1998 (as amended).
16.4 You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
16.5 At the time of placing your order you may give your consent to us:
16.5.1 to contact you by electronic mail in relation to the supply of the goods; and/or
16.5.2 to provide you with details of products which we consider to be of interest to you. If you do not give your consent, then we will not send you any such information. If at any time you wish to withdraw your consent, you should notify us immediately in writing.
16.6 In accordance with our security policy, we shall use our reasonable endeavours to ensure that:
16.6.1 our ordering system is on a secure server and is encrypted to prevent any security breach;
16.6.2 any information you send to us (personal information or credit card details) is kept secure and cannot be intercepted by a third party; and
16.6.3 our equipment at is kept secure to avoid any tampering or unauthorized use of your information.
