Terms and conditions of sale
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US AND CONTACTING EACH OTHER
Who we are. http://www.zommos.co.uk is a site operated by Zommos Mattress Limited (We or us). We are a company registered in England and Wales under company number 11285531 and with our registered office at Unit 7, The Court House 72 Moorland Road, Burslem, Stoke-On-Trent, Staffordshire, United Kingdom, ST6 1DY.
1.2 How to contact us. To contact us, please see our Contact Us page.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your Products may vary slightly from those images.
2.2 Measurements are reasonably approximate. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a tolerance which is the larger of 5 cm or 2%.
2.3 Packaging may vary. The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 Products require assembly. Unless otherwise stated the Products require some assembly by you.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 Age. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 Authority. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 Entire agreement. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. OUR CONTRACT WITH YOU
7.1 Please check your order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 How we will accept your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products are in stock and are being processed for dispatch (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.3 If we are unable to supply you with a Product. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and you are not willing to wait until the Products are in stock or to receive alternative Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time due to:
(a) changes in how we accept payment from you;
(b) changes in how we operate; or
(c) changes in relevant laws and regulatory requirements.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause 8, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT TO CANCEL
This clause 9 only applies if you are a consumer.
9.1 When you can cancel. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 When you cannot cancel. However, this cancellation right does not apply in the case of:
(a) for health protection and hygiene reasons, mattresses once they have been unsealed after you receive them;
(b) any Products made to your specification or clearly personalised; or
(c) any Products which become mixed inseparably with other items after their delivery, and this may include Products which require assembly by you. See our Returns page for information about what handling is acceptable and examples.
9.3 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
9.4 Right to cancel in respect of faulty goods. If you have returned the Products to us under this Clause 9 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.;
9.5 How to cancel. To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this:;
(a) Online. Complete the online cancellation form on our website and a link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation; or
(b) Phone or email. Alternatively, you can also e-mail us at email@example.com or contact our Customer Services team by telephone on 01782 594 264 or by post To: Zommos Mattress Limited Unit 7, The Court House 72 Moorland Road, Burslem, Stoke-On-Trent, Staffordshire, United Kingdom, ST6 1DY. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
(c) Post. Copy and Print the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.6 Effect of cancelling. If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:,
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.7;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.7 How to return Products to us. If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You will be responsible for the cost of returning the Product to us (unless the Product is faulty or not as described, in which case see clause 9.4). If the Product cannot be returned by post, we estimate that the cost should be:
Product Return cost
Mattress out of its box £65
Mattress still in its box £30
Bed base £65
Other products £30
9.8 How we will refund you. We will refund you on the credit card or debit card used by you to pay. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process. If you used vouchers to pay for the Product we may refund you in vouchers. We will deduct any return cost where appropriate.
10. TRIAL PERIODS
This clause 10 only applies if you are a consumer.
10.1 100 day trial period for our mattresses.
(a)Trial period for your mattress. For 100 days after delivery of the mattress to you, out of goodwill, we give you a right to return the mattress and receive a refund in respect of the price paid for the mattress. Unless permitted by another provision of these Terms, you cannot return the mattress within the first 30 days after delivery of the mattress to you. This is so that you have time to get used to the new mattress. During the trial period if you change your mind or decide for any other reason that you do not want to receive or keep the mattress, you can notify us of your decision and receive a refund. This is in addition to and does not affect your legal rights.
(b) When you cannot return your mattress.
(i) This right only applies to mattresses and not any other Products we supply.
(ii) This right does not apply if the mattress has been damaged after you received it.
(iii) This right does not apply if it is reasonably apparent that you have not used a waterproof mattress protector during the trial period.
10.2 45 day trial period for Products other than mattresses.
(a) When you can return your Products. You can return your Products (other than mattresses) up to 45 days after delivery of the Products to you.
(b) When you cannot return your Products.
(i) This right does not apply to mattresses (for which see clause 10.1 above).
(ii) This right does not apply if the Products have been damaged after you received them.
(iii) For hygiene reasons, this right does not apply to bed linen (including sheets, blankets, quilts, quilt covers, pillows and pillow cases) which has been removed from its packaging.
10.3 How to inform us that you wish to return a Product during a trial period. To return a Product, you just need to let us know your decision. You can do this:
(a) Phone or email. Alternatively, you can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01782 594 264 or by post to Unit 7, The Court House 72 Moorland Road, Burslem, Stoke-On-Trent, Staffordshire, United Kingdom, ST6 1DY.. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your notice by e-mail or by post, then your notice is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the return period or e-mail us before midnight on that day.
10.4 How to return Products to us. You must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the trial period. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
10.5 How we will refund you. We will refund you on the credit card or debit card used by you to pay. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process. If you used vouchers to pay for the Product we may refund you in vouchers.
11.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please note that we only deliver to addresses on the mainland of Great Britain.
11.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.3 If you are a consumer and we are unable to deliver to you within 30 days of your order, or if later, 14 days from the estimated delivery date, then we will notify you of this in writing and, unless we agree with you otherwise, we will cancel your order. On cancellation of the order any payment you made for the price of the Products and applicable delivery charges will be refunded as soon as possible.
11.4 Once the Products are ready for dispatch we will endeavour to agree a delivery date with you. Please note that there may be a limited number of days when deliveries can be carried out. Once a date has been agreed, please arrange to be at the delivery address to take delivery of the Products.
11.5 As the delivery may be unavoidably delayed, where relevant you should retain your old mattress until your new mattress arrives and you have assembled and tested your mattress.
11.6 Delivery will be completed when we deliver the Products to the address you gave us.
11.7 The delivery of the Products will be a standard delivery unless stated otherwise. Clauses 11.8 and 11.9 apply to standard deliveries. Delivery to a room of your choice is provided where specified on the product information page. Clauses 11.8 and 11.10 apply in respect of deliveries to a room of your choice.
11.8 In respect of all deliveries:
(a) We will not remove any existing items of furniture.
(b) You must sign to confirm that the Products have been delivered to you.
(c) If you request that we leave the Products without them being signed for by you then we will not be liable if the Products are lost or damaged following delivery and there is no reason to believe that the loss or damage was caused by us.
(d) For health and safety reasons the delivery drivers are unable to remove their shoes. If you need to protect your flooring please make sure that an adequate cover has been placed on the floor prior to the delivery arriving.
(e) We would be grateful if you could make a note of any damaged boxes and inform the delivery driver.
(f) any offer of free delivery is at our discretion.
(g) If the carrier has returned the Products to us after an attempted delivery a charge may be applicable in respect of any further attempts at delivery. We will offer you the choice of cancelling your order or paying for redelivery.
11.9 In respect of standard deliveries:
(a) The Products will be left at the first accessible ground-floor door at the address (in the case of blocks of flats this could be a communal entrance, not necessarily the entrance to your property). The delivery driver will not take items up steps to get to this door, and if there are steps the delivery driver will leave the Products at the bottom of the steps.
(b) The delivery driver will not take the Products into your property.
(c) If no one is available at your address to sign for and take delivery of the Products, we may try to deliver again the following day, and after the last attempt at delivery we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
11.10 Where delivery to a room of your choice is specified:
(a) Delivery to your room of choice is not available for items weighing more than 100 kilograms.
(b) Where delivery to a room of your choice is specified, where possible we will do our utmost to put the Products in your room of choice. All room of choice deliveries will be subject to a site survey by the driver who will assess whether it is possible to place the Products in your room of choice. If after the site survey the delivery team considers it unsafe or considers that they would be unable to place the Products in your room of choice, the driver will ask you for an alternative room to place the Products. If no alternative room is available or accessible the Products will be left at the first accessible ground-floor door at the address.
(c) Please ensure that all valuable items and, insofar as is possible, all obstacles and trip-hazards are removed from the route between the entrance to your property and the room of your choice.
11.11 The Products will be your responsibility from the completion of delivery.
11.12 You own the Products once we have received payment in full, including all applicable delivery charges.
12. INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver to addresses outside mainland Great Britain (Great Britain does not include Northern Ireland or the Republic of Ireland).
12.2 You may place an order for Products from outside Great Britain, but this order must be for delivery to an address in Great Britain.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site as updated from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site as updated from time to time. To check relevant delivery charges, please refer to our Delivery page.
13.5 Our site contains a number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
14. HOW TO PAY
14.1 You can only pay for Products using a debit card, credit card or Paypal. We accept the following cards: Visa, Delta, Mastercard, Cirrus, Solo.
14.2 You must pay for the Products and all applicable delivery charges in advance.
15. MANUFACTURER GUARANTEES
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. We provide a guarantee in respect of our mattresses, a copy of which can be found on the GUARANTEE section of this website.
15.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. OUR WARRANTY FOR THE PRODUCTS
16.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
17.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 Your legal rights. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
18.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
19. OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, you may transfer the benefit of our warranty in clause 16 to a person who has acquired the Product. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Product.
19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 Which laws apply to this contract and where you may bring legal proceedings.
(a) If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
(b) If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
19.7 Alternative dispute resolution. 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, any disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.