Terms of service

Terms & Conditions

Please read the following important terms and conditions before you make a purchase on our website

Summary:

We want you to be entirely happy with your Herdysleep mattress. Our sleep trial period gives you the opportunity to test your mattress for 100 nights, starting on the day of delivery. If, after 100 nights you decide your Herdysleep mattress is not for you, we will collect it at no extra cost and give you a full refund. We reserve the right to refuse the 100 night trial to anyone associated with a mattress retailer/ manufacturer/ brand. Of course, we grant you our 100 night trial without limiting your statutory rights.

Note that the 100 night sleep trial only applies to the Herdysleep Mattress and Herdysleep Pillowtop Mattress. The Herdysleep sprung mattress topper and bespoke, made to order mattresses are excluded from the sleep trial. This information summarises some of your key rights. It is not intended to replace the rest of the terms and conditions, which you should read carefully.

These terms and conditions set out:

Your legal rights and responsibilities
Our legal rights and responsibilities
Certain key information required by law

In these terms and conditions:

We, us or our means The Herdy Company Ltd, a company registered in England and Wales under company no. 06314903, having our registered office at 13-15 Stramongate, Kendal, Cumbria, LA9 4BH and trading as Herdysleep.
You or your means the person using our website to buy goods from us.
If you don’t understand any of these terms and conditions and would like further clarification, please contact us by:

e-mail hello@herdysleep.com, or
phone 01539 739202 Monday to Friday 9am to 5pm.

1 - Introduction

If you buy goods on our website, www.herdysleep.com (the “Website”) you agree to be legally bound by these terms and conditions and any documents referred to in them, together with our Privacy, Terms of Website Use, Returns and Refund Policies and the Delivery Information form part of the contract between you and us as though set out in full here (the “Terms”).
You may only buy goods from our Website for non-business reasons. If you want to buy our products for your business you should contact us on the details above to discuss our business to business terms.
All Herdysleep mattresses and protectors comply to British Standard BS7177 domestic use.
All Herdysleep pillows and duvets comply to British Standard BS5852.
These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings or implications whether written or oral.

2 - Information we give you

By law, we must give you certain key information before a legally binding contract between you and us is made (the “Contract”).
The key information we give you by law forms part of this Contract (as though it is set out in full here).
We reserve our right to amend these Terms from time to time. 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. If you would like to cancel, you will have to return (at our cost) any relevant goods you have already received and we will arrange a full refund of the price you have paid.

3 - Ordering goods from us
Below, we set out how the Contract between you and us is made.
When you place an order on the Website, please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us. It is your responsibility to ensure your order is correct.
We will not be responsible for any mistakes made to your order by you. If there is a mistake, you must notify us in writing of the correct details before the goods have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.
When you place your order at the end of the online checkout process (e.g. when you click on the ‘Buy Now’ button) we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
We may contact you to say that we do not accept your order. This is typically for the following reasons:

the goods are unavailable,
we cannot authorise your payment,
you are not allowed to buy the goods from us,
we are not allowed to sell the goods to you,
you have ordered too many goods, or
there has been a mistake on the pricing or description of the goods (where permissible under applicable law).

We will only accept your order when we email you to confirm this via confirmation email. At this point the Contract will be in place between you and us.
4 - Delivery

We usually dispatch Herdysleep mattresses within 2-4 working days from receipt of the confirmation email. Delivery usually takes between 2 and 7 days (for in-stock items), is free of charge to addresses within the UK (exclusions) and includes a 2 person delivery to the room of your choice. Our delivery partner will contact you 24 hours before the proposed delivery date to provide your 2-hour delivery window.
Herdysleep pillowtop mattresses and sprung mattress toppers are made to order products. Delivery is approximately 4-6 weeks from receipt of order.
Pillows, duvets and mattress protectors will be sent via a courier service and will be delivered to addresses in standard delivery areas between 3-5 working days after the order is placed (Monday to Friday). Orders placed on a Saturday or Sunday will be processed on the next working day.
If the delivery address is located in an extended delivery zone, such as the Scottish Highlands, delivery may take 7-14 days from the date you place your order. More information is available on our Website in respect of the location of standard delivery areas and the extended delivery zone.
You can see your delivery options by visiting our Website page “Delivery & Returns” before you place your order.
If you have purchased a bundle of goods at an offer price (known as a ‘bundle’), the items in that bundle may arrive at different times due to our use of different couriers for different types of goods.

Mattress deliveries. The estimated date for delivery of the goods will be confirmed by our delivery company. For convenience, the day before delivery, you will receive an SMS message and email confirmation message with your delivery date. On the morning of delivery, you will receive a reminder message via SMS and email. In addition to this, the delivery team will call en route to introduce themselves by name, confirm the product that is being delivered and confirm the 2 person delivery to the room of your choice.
If something happens outside of our control, which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.
Delivery of the goods will take place when we deliver them to the address that you gave to us during the online ordering process.
Mattress delivery will be to the room of your choice (at the discretion of the delivery team) of the property at the address. On entry to the property, we and any third party contractor may refuse to deliver to a room if it is obvious that they will cause damage in doing so (i.e. if there are paintings hung on the staircase that they are likely to damage). Any damage to the goods or your property or its contents as a direct result of our delivery service must be reported to us by email within three working days of the delivery taking place. If you do not report such damage to us within this time frame, then we shall not be liable to you for any such damage.
The driver may ask to see a form of ID to satisfy himself that the person accepting delivery is you or a person authorised by you to accept delivery of the goods.
Unless you and we agree otherwise, if we cannot deliver your goods within 21 days, we will let you know, cancel your order, and give you a refund.
If nobody is available to take delivery, please contact us (hello@herdysleep.com) within 12 hours of placing your order on the Website.
If you have accepted the delivery window offered by our delivery service partner and are not available to take delivery we reserve the right to charge for re-delivery.
You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
If you have ordered more than one item from us, please be aware that each item may be delivered separately.

5 - Right to cancel this Contract

You have the right to cancel this Contract within 14 days from the date of the delivery of the goods without giving any reason. Please note, this does not apply to bespoke products.
The cancellation period will expire after 14 days from the day you receive the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory. If you use this method, we will email you to confirm we have received your cancellation.

Cancellation form

To Herdy®, 13-15 Stramongate, Kendal, Cumbria, LA9 4BH or to hello@herdysleep.com:

I [*] hereby give notice that I [*] cancel my [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of customer,

Address of customer

Signature of customer (only if this form is notified on paper),

Date

[*] Delete as appropriate

If you are emailing 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 email or by post, then your cancellation is effective from the date you send us the email 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 email us before midnight on that day. If the last day of the cancellation period is a Saturday, Sunday or public holiday, the cancellation period will be extended to the next working day.

Effects of cancellation

If you cancel this Contract under clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We will make the reimbursement without undue delay, and no later than:

where we collect the goods, 14 days after the day on which we are informed about your decision to cancel this Contract;
where you return the goods, 14 days after the day we received back from you any goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the goods, or
if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If we have agreed to collect the goods we will collect the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Contract to us. Where you are responsible for returning the goods to us, you must do so within 14 days from the date on which you communicate your cancellation of this Contract to us.

You are responsible for packaging and passing the mattress to our third party collection company.

100 Night Sleep Trial

We offer a 100 night sleep trial for our standard and pillowtop mattresses which means you can return a mattress within this time period that you are not happy with.

Your 100 night sleep trial will begin on the day your mattress is delivered. The start date of sleep trial cannot be delayed from this date.

You must inform us of your wish to return the mattress within 100 days from the day you receive the mattress. We recommend that you trial your mattress for a minimum of 30 days before requesting a return. This allows time for natural settlement and gives your body time to adjust to your new mattress.

We strongly encourage the use of a mattress protector during your 100 night sleep trial to protect your mattress. We will only accept returns and issue refunds if the mattress is in a resaleable condition. Please click here for further details and for further details about collection. We will not refund the cost of delivery (if any).

You can inform us by simply calling us on 01539 739202 (Monday to Friday 9am to 5pm) or emailing us: hello@herdysleep.com You can also inform us by letter sent by post. You will need to provide us with details of your order.

We will be deemed to have received your request from the date you speak to us on the phone, send us an email or post the letter to us.

If we have agreed to process the return, we will refund you using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. We will process your refund within 14 days of collection of the mattress.

Collection of your mattress needs to be arranged with our third-party collection service within 14 days of the 100-night sleep trail being terminated.

If you return your mattress under the 100 night sleep trial and select to have your old mattress taken away and recycled when you place your order, the mattress will be collected free of charge but the cost of £35.00 for recycling your old mattress will not be reimbursed.

We reserve the right to refuse the 100 night sleep trial to anyone associated with a mattress manufacturer/brand.

We will not agree to the return of a mattress as part of the 100 night sleep trial where the mattress is stained or is damaged in any way, however that stain or damage was incurred (unless it had been caused by us prior to delivery). If we discover a stain or damage when we receive a mattress we will not reimburse the full price and will discuss with you your options regarding that mattress. The fire retardancy label also needs to remain attached in order to return the mattress.

Our 100 Night Sleep Trial is based on goodwill. If we have grounds to believe that you are abusing that goodwill in some way, or acting otherwise than in good faith, then we reserve the right to investigate further and may ultimately refuse to process your refund. Your statutory rights are not affected.

We do not allow 100 night sleep trials to be taken out on consecutive purchases of Herdysleep products.

Bespoke mattresses and mattress enhancers are not included in the 100 night sleep trial.

How to Pay

We accept payment via credit cards, debit cards and Apple Pay, Google Pay or PayPal account. We do not accept cash or cheques.

We will do all that we reasonably can to ensure that all of the information you give us, when paying for the goods, is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Your credit card or debit card will only be charged at the time the order is made. If we cannot supply you with the goods that you ordered but you have already paid for them, we will refund you as soon as possible and, in any event, within 5 days.

When making a payment to us, you are confirming that all details you provide to us, for the purpose of purchasing any goods, are correct and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any goods, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.

Price of Goods

The price of the goods will be as quoted on our Website at the time you submit your order. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system.

Prices for our goods may change from time to time, but changes will not affect any order you have already placed.

The price of any goods includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom 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 goods in full before the change in VAT takes effect.

The price of the goods includes standard delivery but does not include any special delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.

It is always possible that, despite our reasonable efforts, some of the goods on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

where the good’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the goods to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order; and
if the good’s correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods 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.

Occasionally third parties offer discounts and voucher codes for our products despite not being affiliated with our business and not having approval from us. We are entitled to decline any discount, promotion, voucher or similar codes that have been provided by third parties to you, and to end our own promotions at any time.

10. Nature of the goods

You have certain legal rights (also known as ‘statutory rights’), for example, that the goods:

are of satisfactory quality,
are fit for purpose,
match the description, sample or model, and
are installed properly (if we install any goods).

We must provide you with goods that comply with your legal rights.

11. Faulty goods

Your legal rights (also known as ‘statutory rights’), are set out at the top of this Contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

visit our Website: FAQ
contact us hello@herdysleep.com
if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06

Nothing in this Contract affects your statutory rights. You may also have other rights in law.

Please contact us hello@herdysleep.com, in the unlikely event that you require us to repair or replace your herdy®sleep mattress.

12. Our Guarantee

We will repair or replace faulty Herdysleep mattresses under our 10 year guarantee. This guarantee relates to the Herdysleep mattress, Herdysleep Pillowtop Mattress and Mattress Topper Enhancer only and not to any other goods. This is subject to an inspection by an independent company.

We will replace any faulty bedding under our 1 year guarantee. This guarantee relates to Herdysleep pillows, duvets and mattress protectors only and not to any other goods.

The guarantees above do not affect and are in addition to your legal rights in relation to faulty goods as set out in clause 11.

The guarantees above do not apply to instances of normal ageing, wear and tear, damage as a result of any kind of accident or abuse, or if the applicable product is in a soiled or unsanitary condition.

The guarantees may be invalidated if you have not taken reasonable care of your Herdysleep product. You should ensure that you read the care guide provided with your product, as failure to follow the care instructions could invalidate the applicable guarantee.

Any claim under a guarantee must be made within 30 days of discovery by you of (or when you ought to have discovered) the defect.

If you alter or repair the applicable product without our prior written consent the product will not be covered by the relevant guarantee.

The guarantees may not be assigned to someone else unless you have purchased the applicable product as a gift in which case you may transfer the benefit of the guarantee without asking for our consent.

The guarantees above are limited to mattresses, pillows, duvets and mattress protectors used solely for non-commercial purposes.

13. Our Liability to You

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 up to a limit of the price paid for the goods, 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 the Contract.

We only supply the goods for domestic and private use. You agree not to use the goods 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.

Notwithstanding any other terms of these Terms, we do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
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
defective products under the Consumer Protection Act 1987.

14. Disputes

We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

let you know that we cannot settle the dispute with you, and
give you certain information required by law about our alternative dispute resolution provider.

You may also use an online dispute resolution platform to resolve the dispute with us.

15. Other Important Terms

We will comply, as data controller, with the Data Protection Legislation when we process personal data you pass to us. More information can be found about the ways in which we process your personal data in our privacy policy and fair processing notice, a copy of which will be made available to you.
These Terms shall be governed by the laws of England and the courts of England and Wales will hear any dispute between you and us in relation to this Contract. 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.
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 always notify you in writing or by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased goods as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.
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.
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.
This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of the goods will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these Terms.

If you have questions about our Website or our privacy policy, please feel free to contact hello@herdysleep.com.

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