TERMS OF SALE
Leesa Sleep Limited operates the website http://leesa.ie/ and is a company registered in England and Wales under company number 09443560 and with our registered office at Mills & Reeve LLP, 8th Floor, 1 New York Street, Manchester M1 4AD, England. Our main trading address is 9A Lowry House, 17 Marble Street, Manchester, M2 3AW, England. Our VAT number is GB214924321. Leesa Sleep Limited is referred to in these terms as “we”, “us” and “our”.
If you have any questions or if you have any complaints relatring to these terms and conditions and/or our Products, please contact us by telephoning our customer service team at 353 76 888 8705 or by e-mailing us at email@example.com
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
1. these Terms; and
We amend these Terms from time to time as set out in clause 3. 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 Our Products
1.1 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.
1.2 Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our site have a % tolerance.
1.3 The packaging of the Products may vary from that shown on images on our site.
2 How the contract is formed between you and us
2.1 By placing an order through our site to purchase one or more Product, you confirm that you are at least 18 years old. If you are under 18 years of age, please ask your parent or guardian to purchase the relevant Product on your behalf and confirm that they agree to these Terms.
2.2 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
2.3 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 have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.4 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 we cannot meet a requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.1 We deliver nationwide to addresses in Ireland and the UK.
3.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
3.3 Delivery of an Order shall be completed when we, our distributors or a third party courier deliver the Products to the address you gave us and the Products will be your responsibility from that time.
3.4 You own the Products once we have received payment in full, including all applicable delivery charges.
3.5 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
3.5.1 we have refused to deliver the Products;
3.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
3.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 3.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
3.7 If you do choose to cancel your Order for late delivery under clause 3.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
4 Our right to vary these Terms
4.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
4.2 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
4.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
5 Price of products and delivery charges
5.1 The prices of the Products will be as quoted on our site at the time you submit your order. 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, although it is always possible that some of the Products may be incorrectly priced. If we discover any error in the price of the Products you have ordered we will contact you to inform you 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..
5.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
5.3 The price of a Product is inclusive of VAT (unless indicated otherwise). Any price quoted will be exclusive of delivery charges, unless otherwise expressly stated. The total price(s) will be inclusive of VAT (if applicable) and delivery charges (if applicable) and will be shown to you prior to completing your online order and any Contract being concluded.
6 How to pay
6.1 You can pay for Products by PayPal or using a debit card or credit card. We accept the following cards: American Express, Discover, MasterCard, Visa.
6.2 Payment for the Products and all applicable delivery charges if paying by credit or debit card, or by PayPal, is in advance. We charge your debit card or credit card on confirmation of your order.
7 How to contact us and notices
7.1 If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Leesa Sleep Limited at 9A Lowry House, 17 Marble Street, Manchester, M2 3AW, England. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in your order.
8 Your consumer rights to cancel
8.1 Advice about your legal rights, including your legal right to cancel, is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 If you are a consumer, you have a legal right to cancel a Contract for any reason during the period set out below in clause 8.3.
8.3 Your legal right to cancel a Contract starts from the date of receipt of the Product; you have 14 days from that date to cancel the Contract without giving any reason. After that, the cancellation period will have expired.
8.4 To cancel a Contract you just need to let us know that you have decided to cancel, by using one of the methods in this clause. The easiest way is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 353 76 888 8705 or by post to 9A Lowry House, 17 Marble St, Manchester M2 3AW, England. If you are emailing us or writing to us please include details of your order to help us to identify it.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6 If you cancel your Contract we will refund you the price you paid for the Products, including the costs of delivery (although the maximum delivery costs refunded will be the least expensive delivery method we offer, provided that this is a common and generally acceptable method). [We may 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 FAQ for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.]
8.7 We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
8.7.1 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;
8.7.2 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.
8.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.9 You will need to hand the Product (s) over to us (either to our address or to one of our recycling partners), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from a Contract to us. The deadline is met if you have arranged a pickup with us before the period of 14 days has expired. We will bear the cost of pickup of the Product(s).
8.10 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 8 or anything else in these Terms.
9 Additional rights to return Products
9.1 In addition to your rights to cancel a Contract as a consumer under clause 8, you have 100 days from delivery of the Product to return it provided that you have tried it for 30 days. If, 30 days after delivery you decide that you do not want the Product just let us know that you have decided you no longer want it. The easiest way to do this is to call our customer services team on 353 76 888 8705 to arrange a pickup via one of our recycling partners. You can also e-mail us at email@example.com or contact us by post to 9A Lowry House, 17 Marble St, Manchester M2 3AW, England.
9.2 If you decide to return your Product under clause 9.1, we will refund you the price of the Product in full as soon as possible after the Product is collected from you.
10 10 Year Full Replacement Limited Warranty for the Products
10.1 Your Product is covered by a 10 Year Full Replacement Limited Warranty. For 10 years after you purchase your Product we will replace or repair it when it has a defect covered under the warranty. This includes all parts of the Product determined to have a defect.
10.2 This warranty is valid only if you are the original purchaser of the Product originally purchased from Leesa Sleep Limited and is non-transferable and starts on the date of Dispatch Confirmation. If you, as original purchaser, sell or otherwise relinquish ownership of the Product to another, the subsequent owner accepts the product “as is” and “with all faults.”
10.3 Leesa Products are engineered to deliver the best, most effective sleep possible. In order for that to happen, your Leesa Product should be set-up on a solid base or foundation substantial enough to support the Product and occupant(s).
10.4 This Limited Warranty covers the following instances during normal use:
10.4.1 deterioration of the Product resulting in a visible indentation greater than one (1) inch that is not associated with an indentation or sag as a result of an improper or unsupportive foundation or base. Normal wear requires that the Product be continuously supported by a matching, solid foundation, base, or frame substantial enough to support the Product and occupant(s);
10.4.2 any physical flaw in the craftsmanship of the Product that causes permanent damage to the memory foam despite proper set-up and normal use;
10.4.3 any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Leesa may, at its own option, repair or replace the cover provided on the Product. In the event that Leesa replaces the Product cover, Leesa will replace it with the current style of cover available for the Product, which may be of a different colour, design, or material than the original cover provided.
10.5 The warranty in this clause 10 does not cover, and will not apply to:
10.5.1 a normal increase in softness of the memory foam which is normal and does not affect the pressure-relieving quality of the Product;
10.5.2 your comfort preference;
10.5.3 physical abuse or damage to the structure and / or cover material of the Product, including but not limited to, burns, cuts, tears, liquid damage & stains, or soiling;
10.5.4 damage to the Product arising from using an improper bed frame, foundation, platform bed, or adjustable base;
10.5.5 replacement(s) of another piece in the Leesa sleep system, unless the other piece(s) is also defective;
10.5.6 Products sold by resellers who are not authorized retailers;
10.5.7 Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
10.6 Except as otherwise provided herein, Leesa will not charge you to repair or replace your Product if it is deemed defective during the length of this 10 Year full Replacement Limited Warranty. No new warranty is provided on a replacement Product and you will be responsible for transportation and shipping costs associated with any further repairs or replacements. The warranty for the replacement Product runs from the date of Dispatch Confirmation for the original Product. In connection with the replacement of a Product in compliance with the terms of this Limited Warranty, if you elect to upgrade to a more expensive Product, you may do so by paying the difference between the cost of the original Product being replaced and the cost of the upgraded Product, plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this clause, a new warranty will be provided for the upgraded Product and related additional sleep system pieces only.
10.7 Nothing in this 10 Year Full Replacement Limited Warranty will affect your statutory rights as a consumer in relation to the Product.
11 Our liability to you as a consumer
11.1 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5 defective products under the Consumer Protection Act 1987.
12 Events outside our control
12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
13 Other important terms
13.1 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. We will notify you in writing or by posting on our site if this happens.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 7, but we and you will not need their consent to cancel or make any changes to these Terms.
13.4 Each provision (or part of any provision) of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, that provision (or part-provision) will be deemed deleted and the remaining provisions will remain in full force and effect.
13.5 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.
13.6 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 that the courts of England 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.