1. Terms and Conditions
1.1 This website is owned and operated by EnjoyYourSleep, a US based corporation specializing in memory foam sleep systems.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 product 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 [888-Happy-51] or by email to [info@enjoyyoursleep.com]. 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 authorized 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. Price
4.1 The price and availability of the goods are identified on the relevant page detailing the goods. This price includes all applicable taxes.4.2 Delivery costs are itemized 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.
4.3 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.
5. Payment
5.1 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.5.2 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. Delivery
6.1 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.6.2 Unless otherwise agreed in writing by you and us, the delivery of the goods will take place:
6.2.1 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
6.2.2 within 30 days after the day on which we accept your order in writing.
6.3 You must ensure that when placing your order you provide us with all necessary information to enable us to deliver the goods to you.
6.4 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 authorized by you to accept delivery of the goods).
6.5 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 6.2 (or any other time limit agreed between us) we shall:
6.5.1 inform you of this as soon as practicable;
6.5.2 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.
6.6 Subject to condition 6.2.2, 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.
6.7 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.
6.8 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.
6.9 As soon as we have delivered the goods to you, you will be responsible for them.
6.10 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.
Warranty Information
ERGO-FLEX warrants your memory foam mattress fully for a period ten (10) years* and ten (10) years limited against defects in workmanship and materials. Your Mattress will be replaced or repaired, at our option, should it be found defective due to faulty workmanship or structural defects. This includes 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. If such a defect appears during the twenty (20) years* of this warranty, we will, at our option, either repair or replace the Mattress. It is understood that this does not include normal increase in softness in the foam, which can occur during normal breaking in, or in lessening of the gradual recovery aspect of the foam. This does not reduce the continual pressure reducing and pressure relief properties of the Mattress. Substitution or use of improper foundations, platforms or other bases upon which the Mattress is placed, may result in damage to the product. Enjoy Your Sleep mattresses 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%.Should an improper base be utilized by the consumer, causing the product to default, the warranty may be voided. The cover on the Mattress is warranted for two (2) year against defects in material or workmanship.
This warranty is void if the product is found to have been tampered with or misused by the purchaser beyond reasonable wear, and shall not apply if the product has been physically damaged intentionally or due to accident and or neglect; including burns, cuts, water damage, smoke damage, bodily fluid contamination, stains, or is otherwise abnormally soiled or unsanitary. This warranty is valid only to the original purchaser of the product as indicated on the original sales invoice and registration below. The Tag must not be removed from original product as this identifies the product regarding warranty and original invoice is required and is the only acceptable proof of purchase. This warranty gives you specific legal rights and you may also have other rights that vary from country to country.
In order to provide the most optimum sleeping surface this premium product contains only the finest quality materials. Our representative or designated agent shall make the final determination regarding repair or replacement. If the product is deemed defective there is no service charge for the visit. However, if the product is found to be in good condition the customer is responsible to absorb the charge of the customer service visit (approximately $100 fee). We do not warrant our product as a remedy for any specific medical condition and do not warrant against any complications resulting from the use or inability to use this product. We do not warrant individual comfort preferences, sheet fit or height issues resulting from purchaser's bed frame size or headboard style. Should this warranty be exercised and your product replaced and/or repaired the warranty will not be extended or renewed. Terms and service related in this warranty shall be the consumer's sole and exclusive remedy should the product fail during the time frame stated here in. We make no warrant beyond those terms and conditions stated. Please retain this warranty and your original invoice for twenty (20) years. Contact Enjoy Your Sleep regarding any warrantable issues.