Terms of Contract
1) In these terms “you” means a “consumer” as defined at section 2(3) of the Consumer Rights Act 2015 who is buying our products online for personal use only. If you are not a “consumer” these terms will not apply and you may not purchase our products online. To make any purchase please contact us directly.
2) Your order for our products is a request to buy. A binding contract is only formed between you and Otty Sleep Ltd when we accept your order by sending you a written confirmation. We are under no obligation to accept your order, or to accept it at any prescribed time.
3) Our contract with you is governed by these terms, our policies as set out on our website, the terms implied by the Consumer Rights Act 2015, and any other statutory provision that cannot be excluded. Any additions or changes will only apply if we have agreed in writing (including email).
4) No-one is authorised to make any promises or statements on our behalf and in choosing to buy or keep our products you should not rely on anything other than our contract with you and our marketing material.
1) Referral program cannot be used to back date referred orders or claim past order referrals. All referrals need to be recorded with us, before the referred order is placed.
2) Commissions are validated on orders over £400 only.
3) Commissions are paid after the 100 night trial is over on the referred order.
4) Commissions will be paid via Paypal or Bank Transfer, or can be exchanged for store credit.
5) The referral program is set up for referring friends and family. If it is found that you are advertising the referral code online for the purpose of sharing the commission or otherwise incentivising others to purchase, your commissions may be invalidated.
6) Temporary. We are currently switching referral providers, so any referrals need to be registered by email, notifying us of the name and email of the referred person, before they place their order. We will keep track of this and advise you once the commission is validated.
Our obligations to you
1) We will supply our products in accordance with your accepted order at the advertised price.
2) We will deliver to the address you have provided and will not be responsible for any loss that results from that information being incorrect.
3) We will make all reasonable efforts to ensure that the products are delivered promptly but time is not of the essence of this contract.
4) We will not be liable for any delay or failure of delivery if you do not accept the product.
5) On delivery our carrier will obtain a signature by way of receipt if possible, but we will not be obliged to ensure that the signature is yours or that of your authorised agent.
100 Nights Trial
The 100 night trial is intended to give you the opportunity to see if you are happy with the mattress and therefore we ask for feedback on why you have returned a mattress as part of any return. If we have grounds to believe that you are returning the mattress for reasons other than because you're genuinely dissatisfied with the product, we reserve the right to refuse to accept the return under our 100 night trial policy and reserve the right to refuse to sell our products to you in the future, either through the website or otherwise. Please note that this does not affect your legal rights as a consumer. We reserve the right to refuse the 100 night trial to anyone not operating as a consumer or who is otherwise in breach of these terms.
1. In addition to your statutory right to cancel your order, if you notify us in writing that you wish to return a mattress to us no later than 100 days after receiving it, we will arrange for collection at no cost to yourself and will refund the purchase price (excluding any delivery costs) within a reasonable time (no later than 14 days) after we receive it in our warehouse. The refund will be made the same way used to make the payment unless requested otherwise.
2. Once a mattress has been returned under the 100 night trial, any subsequent mattresses purchased will not be covered under the 100 night trial rights.
3. The collection of the returned mattress will be arranged with you directly by our courier who will make an attempt at collecting the goods on the pre-specified time & date. If you are not available for the collection on the pre-specified date, you are required to contact our customer services team (on 0330 111 2222 / email@example.com or via online chat) directly and re-arrange or cancel the collection, at least 1 day before the collection taking place. Failure to do this and a failed attempt of collection by the courier will cost us £30 and therefore any future collections will only be scheduled following a payment for the collection fee, by you, which can be arranged with our customer service team.
4. We only offer the 100 Night Trial for deliveries to Mainland UK and Ireland.
5. It is not OTTY's responsibility to keep track of your 100 night trial dates and will not be held responsible for any returns not being reported within the allocated time.
6. It is the customer's responsibility to contact us within the timeframe allowed to report a return request. Once our returns team contact you with the instructions on how to prepare the mattress to return & the next steps, our courier will contact you within 1-2 days to arrange collection. If you have missed the contact from the couriers or they have not contacted you for any reason, you need to contact our customer service team immediately. We will contact the courier and book the collection in for you manually. It is your responsibility to contact us promptly if our courier does not get in touch, or if you miss the contact.
7. Failure to arrange collection within a maximum of 7 days after your100-night trial dates run out, will result in the return rights being voided. If you are unhappy with the mattress, we recommend allowing at least a week before your 100 night trial ends, so that you have time to arrange the collection for a suitable day within the coming days, within the 100 nights from delivery.
8. We reserve the right to refuse the 100 night trial policy without prior notice, in certain circumstances we see fit, including but not limited to:
a) where there is substantial evidence that the mattress is damaged or stained, or otherwise unsuitable for secondary use.
b) where there is substantial evidence or belief that you are associated with another mattress brand or manufacturer.
c) where we believe there is any intent on your behalf to misuse the 100 night trial.
d) where there is any suspicion of misconduct, dishonesty or direct attempt at defrauding or otherwise cheating our company.
9. Following a notice of your intention to cancel, a collection must be arranged and executed not later than 14 days from the date that you notified us of your intention to cancel. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract.
a) If you have received a mattress, we will ask you to communicate an appropriate date for collection, which must be no later than 14 days from the day on which you communicate your cancellation. If the date you proposed is agreed by us, we will collect the Products on the date stipulated without undue delay. Failure to communicate with us to arrange collection within the period allowed will void your rights to a return under the 100 night trial.
30 Nights Trial - AccessoriesAll our accessories, rejuvenated mattresses, pet beds and pillows, are covered under a 30 day trial period. They can be returned for a full refund but the costs of the return will need to be covered by the customer. We can arrange the return for you for the cost of £10.
30 Nights Trial - Bed Frames
The OTTY bed frame is covered by a 30 day trial from the date of delivery.
You may use it as normal for the entire duration, but have to follow the same terms for arranging collection of the product, as those for the mattress.
i.e. collection has to be arranged within 30 days and for no later than 3 days after the 30 days is over.
1) All deliveries will be arranged to arrive at the shipping address entered by the customer at the point of order. This can be changed up to 2PM on the shipping day, after which, change of address may not be possible.
2) Re-delivery of an item will be arranged for free, the first time only. Missing the delivery day more than once, will result in a fee of £30 being payable before the order is delivered again. We recommend that you allocate the delivery for a day when someone is available at home to receive the goods.
3) We can leave the parcels with a neighbour or in a safe place, only after written permission and instruction from the customer's email, registered to the order. We will not be held responsible for the items being left safe sustaining damage or being missing, after previous instructions to leave them there.
Our courier will always take a picture of the goods left at the desired destination.
4) While we will always aim to deliver the entire order in one delivery, it is not uncommon for us to send certain items separately and sometimes on different days. If you have ordered a mattress with pillows, the mattress will be delivered on the specified delivery day but the pillows may be sent separately to arrive later.
5) It is your (the customers) responsibility to ensure that the delivery contains all the items specified on the POD (Proof of Delivery), that the couriers will ask you to sign on delivery. This is a legal document confirming the receipt of goods as marked on the document. If your delivery is missing any items, make sure to make a note on the POD before signing and make the delivery driver aware at the time.
A signed POD confirming all items have been delivered, can and will be used as proof against any claims of missing items.
6) Damage to the delivered items needs to be notified to the driver and to our customer services as soon as possible after the delivery was made.
The warranty will cover you for manufacturing defects, but damage to the mattress caused by the user, is not covered. Make sure to inform our customer service team if you spot any damage to the boxes or the product itself. If the damage is just cosmetic and the product is fine to use, we will at least log the damage for any future contact.
1) Any mattress or bed frame collection will be arranged directly with the couriers.
2) There needs to be suitable space in the room to dismantle any furniture or remove the mattress from the bed.
3) The drivers may refuse to remove the items from your house if they deem it unsafe to do so. This could include the way out not being spacious enough, the way out being obstructed or any other reason for the driver to deem it unsafe at the time.
4) In order to return the OTTY bed frame, it has to be dismantled and placed back in the original packaging, before a collection is arranged.
5) Collection for the bundle items has to be arranged at the same time. Arranging each collection costs £30 and while we cover this cost when collecting the first time, if you wanted to arrange separate collections, you will be liable to pay the collection fee on the subsequent collections.
Guarantee & Warranty
1) We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery and our pillows for a period of 3 years from the date of delivery.* This covers against the below:
a) Sagging, dipping or any other visible indentation of the foam and memory foam, of any more than one (1) inch, that is caused by standard use in standard conditions. The indentation needs to be visible to a naked eye or measurable during a specialist visit.
b) Spring malfunction.
c) Cover damage, including damaged zip, loose strings or improper stitching.
d) Mattress not recovering to full size from being compressed. There is an industry standard allowance for 2cm difference in size from the size advertised. Anything over this, after the mattress has had reasonable time to expand (up to 3 weeks) will be classed as defective.
Once any of the above has been detected, you will need to supply sufficient information and proof to our customer service team, providing as much information as possible to identify the cause of the defect. This will often include images, videos and potential other measurements, depending on the defect. If you are unable to provide sufficient evidence or proof of the defect, we will not be able to offer a replacement.
If the mattress is classed as defective, we will arrange a replacement within 7 days and will collect the defective mattress from you at the same time.
The replaced mattress does not reset the warranty date. For example, a mattress received on the 1st of February 2010, is covered under warranty until 1st of February 2020. If the original mattress develops a defect in 2015 and is replaced, the warranty on the second mattress will still run out on the 1st of February 2020.
If the mattress cover is damaged due to improper use, it will not be covered under warranty. Rips, cuts, stains and bobbling, amongst other self caused damages to the cover, will not be covered under warranty. Damaged zip resulting from standard use will be covered and in a case of damage, a new cover will be sent to you and the old one collected. Alternatively, you can repair it locally and pass the costs onto us, after prior confirmation from our customer service team.
2) *The rejuvenated mattresses are covered by a 1 year guarantee, from the date of delivery, with the other terms of the warranty reflecting that of a new mattress.
3) This guarantee is available only to you, the original buyer of the mattress, and may not be transferred to any other person.
This warranty does not cover:
- Normal wear and tear or any condition resulting from misuse or abuse of the product;
- Standard softening of the mattress foam resulting from regular use;
- Defects caused by failure to place the mattress on a solid & stable surface, supporting all areas of the mattress evenly;
- Defects caused by repetitive pressure being placed on one small area of the mattress causing a hole, rip or indentation;
- Comfort preference after the 100 night trial;
- Damage caused by mold, odour, mildew, discolouration caused by abnormal care such as liquid spillage, improper ventilation, or excessive humidity;
- Imperfections that do not prevent standard use of the products;
- Defects caused by the use of the mattress by a combined weight of the users of over 44 stone (284kg);
- Defects caused by the lack of rotation of the mattress as recommended (once a month for the first year. Rotate head to toe, keeping the cool blue gel layer on top);- Defects or damage caused by standing on, or jumping on the mattress;
1) Neither party to this contract shall be liable to the other for any loss or damage caused by circumstances beyond that party’s reasonable control.
2) This contract is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in the event of a dispute. However, both parties commit to a genuine attempt to settle disputes by negotiation or mediation prior to issue of proceedings.
3) Under circumstances of fraud or suspected fraud, we reserve the rights to hold back delivery of the product until a clear resolution has been reached. Additionally, under the same circumstances, we reserve the right to withdraw our standard returns rights, 100 night trial or any offers. If a case of fraud or suspected fraud has been opened, we may withhold payment without delivery of the product; refuse a return, 100 night trial or any offers; ask for full payment for a product fraudulently received; or ask for evidence to aid the case. We may or may not choose to involve other legal parties where required, of which full costs will be billed to the party at fault.
4) Our 100 night trial and warranty policies, cover mattresses purchased directly from OTTY or from our authorised resellers. If you are unsure whether the seller is an authorised reseller, speak to the members of the OTTY team, to confirm.
Products purchased from unauthorised third parties, may be fake or grey goods and we always recommend identifying the seller you buy from as legitimate, before making the purchase.
5) OTTY Sleep make no medical claims relating to improvement or resolution of any medical issues or illnesses due to the use of our products, and cannot be held responsible for not making improvements to your condition. In reality, we have had numerous claims for improvements of people's back and joint pain and a number of other conditions, however each individual is different and other customers reviews' cannot act as a promise that the products will bring about the same results for you.
6) Our 100 night trial and our warranties may be void if the payment for the goods is withheld, unlawfully charged back or if we otherwise suspect fraudulent activity.
We always recommend speaking to a medical professional about the type of mattress recommended for you.
Coupon Codes & Offers
1) OTTY runs promotional offers or discounts which are claimed by using a special Discount Code or Coupon, applied in the basket or at checkout. The terms of each offer will be specified on the advertising piece including the discount code.
2) Our promotions can be withdrawn at any time prior to the advertised end time.
3) If your order has already been placed and you forgot to add the promotional code to the order, where applicable, a member of our team can add the offer to the order for you.
4) If the order has been placed and shipped before you realise that you forgot to add the coupon code or offer to the order, the offer will not be valid. However, we may still be able to add the offer to the order for you, but will ask you to cover the shipping fees where required.
5) Only one coupon code or offer can be used per purchase.
6) Anybody found to be abusing the discount codes or offers facility will risk having the offer completely revoked. Including but not limited to – claiming more than 2 free pillows using our discount codes per mattress or more than 1 per Single mattress.
7) We reserve the right to wthdraw any offers from a purchase at any time.
8) Terms of each special offer or discount will be outlined on the promotion page. Any discounts, offers or bundle deals, applied via a multi-purchase as opposed to a coupon code, are NOT valid with our coupon codes or offers.
9) We will not honour offers past their end-date.
10) Vouchers for returning customers are usable on orders over £100.
11) Various deals and offers are not valid on the Single and EU Single mattresses.
Those sizes will still be discounted, but by a smaller amount, visible before purchase.
Terms of ServiceIntroduction Site Terms of Service, an Enforceable Legal Agreement. As of August 25, 2016
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
User represents and warrants that: User will use the Services only as provided in these Terms;
User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
User will provide accurate, complete, and current information to the Site and its owner(s);
User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Third party products, links, and actions
The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/
The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without the written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.
All rights not expressly granted in these Terms are reserved by the Site.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages.Usermust also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to firstname.lastname@example.org. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.
We are based in Leeds, West Yorkshire and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Leeds, West Yorkshire, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office located in the Leeds, West Yorkshire will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.
Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
The user may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relate to the Site or its Services.
There shall be no third party beneficiaries to these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.
Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
If you have any questions about these Terms, please address them to email@example.com.
These terms were last updated on August 25, 2016
Company InformationVat Number: GB 249 4045 96
Company No: 10301123
Company Name: OTTY Sleep Ltd
Registered Address: Greenhouse, Unit W3C, Beeston Road, Leeds, LS11 6AE, United Kingdom