Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.memoryfoamwarehouse.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

1.1 www.memoryfoamwarehouse.co.uk is a site operated by Memory Foam Warehouse Limited trading as Memory Foam Warehouse (we). We are registered in England and Wales under company number 04286339, with our main trading address and registered office at Unit 1, Navigation Yard, Chantry Bridge, Wakefield, West Yorkshire, WF1 5DL. Our VAT number is 125 5074 33.
2. SERVICE AVAILABILITY

2.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

2.2 Our site is only intended for use by people resident in the UK main land, Eire, Channel Islands, Scottish Islands, Northern Ireland and Isle of Man (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS

3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are a resident in one of the Serviced Countries; and
(d) You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4.3 We reserve the right not to supply Products. In these circumstances any payment made will be refunded to card used for payment.
5. SUPPORT

5.1 Should you have any questions or queries with regard to your purchase or need any help and advice prior to placing your order, our experienced and helpful store support team will be able to help. Please telephone 0800 612 5179.

5.2 Should you encounter any issues following delivery please either send us an email at  customerservice@memoryfoamwarehouse.co.uk  detailing you query or telephone our store support team on 0800 612 5179.
6. CANCELLATION OF CONTRACT

6.1 If you are contracting as a consumer, providing the Product packaging has not been opened, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

6.2 If we are not notified within 7 days of you receiving the Products the order cannot be cancelled.

6.3 Due to the nature of the bulk of our Products, including for health and hygiene reasons, once the packaging has been opened you will not have any right to cancel a Contract for the supply of beds, mattresses, pillows, mattress protectors, mattress toppers, duvets etc. as these Products are exempt from the statutory 7 day cooling off period under the Distance Selling Regulations 2000.

6.4 For the avoidance of doubt, Products such as beds, mattresses, pillows, mattress protectors, mattress toppers, and duvets which have been opened will be deemed to have been used and cannot be returned for any reason other than a manufacturing fault.

6.5 To cancel a Contract, you must inform us in writing by sending an email to  sales@memoryfoamwarehouse.co.uk . You must also return the Product(s) to us immediately at your own cost and risk or you must make the Products available for immediate collection which we shall arrange at your cost and risk.

6.6 The Products must be returned in the same condition in which you received them with the packaging unopened. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.7 This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY

7.1 Further information regarding Delivery can be found in our Delivery Details page.

7.2 Delivery will be to the address where the card used for payment is registered. To protect against fraud, where delivery is requested to an address other than where the payment card is registered, we will contact the customer by telephone, as further checks may be necessary, which could delay delivery.

7.3 All goods must be signed for, and the carriers will require proof of identity such as a valid passport, driving license or recent utility bill.

7.4 Please check all goods carefully when you receive them to ensure they are correct. Please do not keep a mattress rolled for longer than a two month period. If you encounter a problem on receipt of the goods please contact our store support team immediately on 0800 612 5179 before opening, assembling or using the Products.

7.5 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7.6 On selected lines, we offer a free next day delivery service to mainland England and Wales, and to the main conurbation areas of Scotland. Further details of this service are available in our Delivery Details page.

7.7 Please contact us for pricing and delivery lead times to non UK mainland, and the Highlands and Islands of Scotland, Northern Ireland and Eire.
8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error

9.2 These prices include VAT at the standard rate.

9.3 Prices exclude delivery costs, which will be added to the total amount due as set out in our Delivery Details page.

9.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.7 All orders must be paid for in full at the time of ordering. Payment for all Products must be by credit or debit card. We accept payment with all major credit/debit cards with the exception of American Express.
10. OUR REFUNDS POLICY

10.1 When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of receipt by us of the unopened Products. In this case, we will refund the price of the Products in full, including any cost of sending the item to you. However, you will be responsible for the cost of returning the item to us and this cost shall be deducted from any refund owing to you.

(b) for any other reason (for instance, because you have notified us in accordance with paragraph 24 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

(c) Please allow for a 2cm tolerance on the sizes of the foam products. A 2cm variance in the size in memory foam is perfectly normal depending on conditions and room temperature, and as such is not considered a fault. It should also be noted that a tolerance of +/- 5mm on the depth of foam products should be allowed, and as such is not considered a fault. It is also normal for new foam products to have an odour when first opened. This odour will clear gradually of its own accord if the cover is washed and the mattress is allowed time to air between uses. Products with an odour will not be exchanged.

10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10.3 If you return a Product to us which was supplied as a substitute because the Product originally ordered was not available we will cover the cost of returning the Product.
11. 60 NIGHT TRIAL

11.1 To ensure our customers are perfectly happy with the comfort of their new mattress we offer a 60 night trial period.

11.2 Within 60 days of delivery should you not be entirely happy with your mattress you can contact us to make a request to exchange it for a mattress of the same size, and of equivalent or higher value.

11.3 To cover administration and handling costs an exchange charge of £45 will apply.

11.4 The 60 night trial applies to stock mattresses only. Bespoke mattresses, divan bed bases, bed frames, mattress toppers, bunks, pillows and all other bed and bedding products are exempt.

11.5 This is limited to one exchange per transaction
12. GUARANTEES

12.1 All our Products are covered by a minimum 12 month guarantee. Many of our lines have a 5 year warranty, where should an item fail we will replace it based on the length of time the item has been in use (e.g. manufacturing faults after 3 years are replaced at a cost to the customer of 30% of the retail price of a new mattress). Further details of any guarantee and/or warranties which are available can be found on our guarantee page.

12.2 Please note that soiling and damage, either malicious or otherwise, invalidates the guarantee/warranty, and as such the use of a mattress protector is highly recommended.

12.3 In the unlikely event that following purchase you find the same specification mattress for less we will refund the difference in price. Please note that the compared product needs to be new, readily available in the UK and priced delivered to a consumers address.
13. INTELLECTUAL PROPERTY RIGHTS

13.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

13.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

13.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

13.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

13.6 If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. OUR LIABILITY

14.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

14.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Please note that the Ottoman style beds are designed for use with our mattress ranges and should you use a heavier alternative mattress we cannot guarantee the bed’s function.

14.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

14.4 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 14.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.2 or clause 14.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 14.5.
15. DATA PROTECTION

15.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

15.2 All data is stored and treated with absolute confidentiality and in accordance with the legal provisions of the Data Protection Act 1998.
16. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. NOTICES

All notices given by you to us must be given to Memory Foam Warehouse Limited at sales@memoryfoamwarehouse.co.uk. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. EVENTS OUTSIDE OUR CONTROL 19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20. WAIVER

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
21. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT

22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
25. SPECIAL OFFERS

When a special offer is running we will provide details of any terms and conditions here.

25.1 Coupon/Discount Codes
Any offer that requires a discount code is a mutually exclusive offer, and can not be used in conjunction with any other offer that requires the use of another coupon/discount code

25.2 Excelle Magazine
10% Off is only available for one use and only applies with the relevant discount code. The discount can be redeemed against any product excluding any item currently on promotion, and the discount is not available in conjunction with any other offer.

25.3 Newspaper 10% off codes
10% off is only available for one use and only applies with the relevant discount code. The discount is not available in conjunction with any other offer. Therefore the discount code can only be redeemed against full price items.

25.4 November EXTRA10 Promotional Code
An extra 10% off is redeemable on all mattresses, mattress toppers and pillows excluding any of these items in the following ranges: Stock Clearance, Essentials, Coolmax Value and Coolmax Classic. Any offer that requires a discount code is a mutually exclusive offer, and can not be used in conjunction with any other offer that requires the use of another coupon/discount code.