terms & conditions

what do these terms cover?

The terms and conditions shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”) govern:

1. your purchase and our supply of any of the goods (“Products”) listed on our website www.evesleep.co.uk (“our Site”) from time to time; and
2. your access and use of our Site, (collectively, the “Services”)

why should you read these terms?

The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us via the Site (your “Order”).

you have to confirm that you can enter the agreement outlined these terms

By clicking to confirm during the checkout process, you agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms. If you use the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.

our services are for consumers only

We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these Terms, you promise to us that you are a consumer and not acting in the course of a business.

information about Eve Sleep and our contact details

who we are

“Eve Sleep” and “eve” are trading names of Bensonsforbedsretail Ltd, a company registered in England under company number 12528962.

where we are based

Our registered office is 3rd Floor The Globe Centre, 1 St James Square, Accrington, Lancashire, United Kingdom, BB5 0RE.

how to contact us

You can contact us by filling in this form.

how we may contact you

If we have to contact you we may do so by email, post or telephone to the address/phone number you provided when you went through the checkout process on our Site or that is registered on your Account.

our contract

how our contract is formed

Our acceptance of an Order occurs when we send you a confirmation email and give you an order number. It is at this point that a contract between you and us will come into existence – as noted above, this contract is governed and conditioned by these Terms.

delivery

delivery costs

Standard UK delivery of all Eve Sleep Products is included in the prices you see on the Site – there are no hidden costs added at checkout.

where does delivery take place?

Delivery of Products takes place at the front door of the property at the address you specified for delivery. This means that if the Products are being delivered to a flat or property with a reception/concierge, delivery shall take place at the front door of this property and not at the door of the specific property within an apartment block. Provided that we deliver the Products to the address you have specified in the order (or any other address agreed by us in writing) then the Products will be deemed to have been delivered and we will not be liable to you for non-delivery of the Products, to the fullest extent permitted by law. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you or is a person authorised by you to accept delivery of the Products.

we don’t deliver to the inside of your property

Unless we’re delivering an order that requires a 2-man delivery service (a mattress and/ or bed frame), where we will deliver your order to a room of your choice, we are only agreeing to deliver Products to the front door at the address you specified for delivery. We have no obligation to deliver any Products to anywhere else. However, we may do so as a courtesy – if this is the case, please note that (as described in the “Our liability” section) we disclaim our liability for damage we may cause to the interior of your property in doing so, to the fullest extent permitted by law.

two-man delivery

If the two-man delivery option is selected at the checkout or elsewhere and paid for, delivery of the Products will take place at the front door of the property but the delivery team will take the Products to a place beyond the front door and within the property selected for delivery. You will be responsible for ensuring the delivery team have access to where you would like the Products delivered within the property, if they do not have access to where you would like the Products delivered they will leave the Product within the property at a suitable location decided by them.

when you become responsible for the products

Any Products in your order will be your responsibility from the time we deliver them to you in accordance with this section and the Terms generally.

split shipments

For logistical reasons, Eve Sleep reserves the right to split shipments. This means that if you order multiple Products in one Order, the individual Products may be sent and arrive separately and potentially by different carriers.

when we will provide the products

During the order process we will give you an estimated date of delivery for the Products - this will depend on the delivery option selected. This date is an estimate only, but we will try our best to make sure we meet it. That said, if our supply of the Products is delayed, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

collection of products being returned

You can return Products at no extra cost if you follow the relevant procedures outlined in these Terms and on the Site. However, we will only do so if the Products you want us to return are eligible, either:

1. as they are within the applicable trial/ return period for the relevant Products (for more information see: refunds & returns); or
2. because you are exercising your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in respect of the Products to be returned (for more information see: Key Legal Rights).

Unboxed mattresses and bed frames will be collected from your room of choice.

Eve Sleep will not be liable if your mattress cannot be safely removed from your home in inflated size by our removal team.

price

Our prices on our website are in GBP and include all taxes (for example, our prices include VAT at the rate that is in force on the date you make a payment). The price that you will actually pay in respect of any Order will be the amount shown to you at the checkout page.

Eve Sleep reserves the right to change the prices shown for the Products at any time.

payment

payment can occur by listed means only

You can pay for your purchase by all means listed from time to time as available on the site. The account associated with your payment method will be charged at the time the order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an order by any other means than those offered on the Site.

you authorise us to charge your payment card account

By submitting an order and providing us your payment card details at checkout, you fully authorise Eve Sleep to use those payment card details to pay for your order and that such payment means legally giving access to sufficient funds to cover all costs of the order. Eve Sleep cannot be held liable for any fraudulent use of the payment method used.

consumer finance

If you select to pay via consumer finance, the consumer finance shall be provided subject to the applicable terms and conditions of that consumer finance. Please note that Eve Sleep does not provide finance itself and it is provided by a third-party provider whose own terms and conditions shall govern the provision of such finance.

late payments

Eve Sleep reserves the right to suspend or cancel any order and/ or delivery if you do not make the necessary payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your order. The delivery of any new Order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.

payment information encryption

For information on how we secure your payment information, our Privacy Policy

store your own records

It is up to you to save and print the certificate of payment if you want to keep the banking details of your order – we won’t store these for you.

product availability

what happens if a product in your order is unavailable?

In case of unavailability of one or more Products after placing the Order, we will notify you by email or telephone. The amount of the Order will be recalculated and you will be charged the new amount, which will be your original Order value, less the value of the missing Products. If the Order is entirely unavailable, we will notify you by email or telephone and your payment card account will not be charged for that Order (or it will be refunded if it has already been charged).

we are not liable for product unavailability

In case of unavailability of Products before or after Order, (subject to the “Our liability” section of these Terms) Eve Sleep will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.

product warranty

Please refer to our warranty policy here. Please note that our products’ warranties are provided at no additional cost and are in addition to the rights given to you by the law.

If we send you a free product as compensation, this will not have a trial period or warranty as this product is a gesture of goodwill.

refunds & returns

The free return period for each Product is as follows:

• Mattresses: 1 year

Please refer to the product return policy for more details.

Within the UK, if you are returning a mattress during your free trial period, we arrange free collection.

Any refund you are eligible for will be paid when the collection has been made and additionally should your return be under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 when our quality control teams have assessed the Products for any damage.

We reserve the right to refuse the 1-year trial to anyone not operating as a consumer or who is otherwise in breach of these Terms. The 1-year 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 your genuinely dissatisfied with the product we reserve the right to refuse to accept the return, not give you a refund and reserve the right to refuse to sell Eve Sleep Products to you in the future, either through the Site or otherwise. Please note that this does not affect your legal rights as a consumer, which are summarised below.

intellectual property licence

licence

Subject to these Terms (in particular, the restrictions outlined in the following section), Eve Sleep grants you a licence to use and access the Site on the basis that this licence is:

1. not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business).
2. non-transferable – you can’t pass this right to someone else.
3. non-exclusive – other people can access and use the Site.
4. revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
5. limited – the licence does not extend beyond what has just been described above.

restrictions

The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site and Eve Sleep’s property that is comprised in the Site. In particular, you agree that your use of the Site is subject to the following restrictions:

1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
2. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes.
3. you shall not access the Site in order to build a similar or competitive website, product, or service; and
4. except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

ownership

You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, any content shown on the Site, and on the Products themselves, are owned by Eve Sleep or Eve Sleep’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (Intellectual Property). eve and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.

copyright/trademark information

All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

written communications

email counts as “in writing”

When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from Eve Sleep by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if they were in hard copy.

our liability

we are responsible to you only for foreseeable loss and damage caused by us.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen during the Services.

what we do not exclude

Nothing in these Terms shall limit or exclude our liability for:

1. death or personal injury resulting from our negligence.
2. fraud or fraudulent misrepresentation.
3. your key legal rights described below.
4. defective products under the Consumer Protection Act 1987; or
5. any other liability that cannot be excluded or limited by English law.

we are not liable for damage to the interior of your property

Save where rights exist under the Consumer Rights Act 2015 or as part of our contract then should you request that Products are taken anywhere beyond the inside of your doorstep, then this goes beyond the scope of the Services – such actions are undertaken at your own risk. Any such assistance is provided as a courtesy only and, to the fullest extent permitted by law, we shall not be liable for any damage to fixtures, fittings or the structure of your accommodation (e.g., plasterwork, brickwork) that may occur.

we are not liable for events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services 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 Terms may be performed despite the Force Majeure Event.

we are not liable where you use the products outside their intended use.

Should you use the Products in a manner which is not their intended use or, or what would be regarded as their intended use, or in accordance with recommendations then we shall not be liable for any loss suffered. In relation to mattresses, this relates to any loss or damage suffered by not using the mattress on a bed frame.

summary of your key legal rights

We are under a legal duty to supply products that are in conformity with the contract formed by these nothing in these terms will affect or limit such rights.

The Consumer Rights Act 2015 says that the Products must be as described, fit for purpose and of satisfactory quality. This means that during the expected lifespan of your Product you are entitled to the following:

• Up to thirty days: if your goods are confirmed as faulty (we may request photographic evidence of a fault or offer a third-party inspection to confirm the presence of a fault), then you are entitled to a refund. You may request a replacement if you wish at this time.
• Up to six months: if your goods are confirmed as faulty (we may request photographic evidence of a fault or offer a third-party inspection to confirm the presence of a fault) and can’t be repaired or if we cannot provide a like-for-like replacement, then you’re entitled to a refund, in most cases.
• After six months: if your goods are confirmed as faulty (we may request photographic evidence of a fault or offer a third-party inspection to confirm the presence of a fault), then you would be entitled to a replacement in-line with our warranty. If your goods can't be repaired, replaced or if we cannot provide a like-for-like replacement, you may be entitled to some money back.

exercising your right to change your mind (Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

As you are purchasing the Products online you have a legal right to change your mind within fourteen days from delivery of the Products and receive a refund. For example, the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not entitle you to be reimbursed for the costs of returning products.

our right to vary these terms and conditions

small changes

From to time to time, we may make changes to the Services or these Terms:

1. to improve or enhance any feature(s) of the Services; to ensure the ongoing viability of the Services; to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.

more significant changes

In addition, we may make certain more significant changes to the Services or these Terms, but if we do so and we consider these changes will materially or adversely affect you or your rights, we will notify you of such changes.

the timing of any significant changes

The Terms that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless:

1. any changes we subsequently make to these Terms or the Services have been required by law or governmental authority (in which case it will apply to orders previously placed by you); or
2. if we have notified you of a change to the Terms that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.

privacy and security policy

You will be required to provide certain personal information to us as a necessary prerequisite of being able to place an Order. Our policies and procedures relating to your information are outlined in our Privacy Policy.

We will only use your data outlined in our privacy policy.

We shall not be liable where we are unable to perform or delayed in performing our obligations where such inability or delay is due to you not providing personal information required to perform such obligations.

other terms & conditions

products may vary from their pictures

Eve Sleep aims to give you the information you need to know the essential characteristics of the Products. Eve Sleep agrees that the photographs of the Products on the Site should be as faithful as is possible to the actual Products themselves. However, given the digital mode of presentation, it is possible that your perception may not exactly match the relevant Product itself.

compliance with UK laws

All the Products are made to comply with applicable UK laws and regulations.

headings and interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

we may transfer our rights under these terms to someone else

We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

nobody else has any rights under these terms

These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, the rest will continue in force

Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

even if we delay enforcing our rights under these terms, we can still enforce them later

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

which laws apply to these terms and where you may bring legal proceedings?

These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts.

dispute resolution

If you have a dispute about our products or a service we offer, simply fill in our online form. You may contact our Customer Service Centre at Eve Sleep c/o Bensons for Beds, Huncoat Industrial Estate, Bolton Avenue, Accrington, Lancashire BB5 6NJ. We will try to resolve any issues that you have as quickly as possible and if necessary, we will explain how to follow our complaints procedure. If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture and Home Improvement Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture and Home Improvement Ombudsman and how you might be able to use their dispute resolution service visit fhio.org or telephone 0333 241 3209.

discount code and offers

Eve Sleep discount codes are available on orders that use interest-free credit to make monthly payments. Any prices and offers are correct at the time of the discount codes being published by Eve Sleep through Eve Sleep communications. Eve Sleep cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication and are subject to availability. Codes cannot be used in conjunction with other offers and only one code can be used per order.

Invariably on rare occasions our discount codes calculate incorrectly and apply incorrectly to your basket at checkout. Should this happen we shall notify you as soon as we become aware, but in any event prior to your goods being dispatched, and reserve the right to cancel the order. Should this occur you shall be given the option to cancel or amend your order in line with how the discount code should have been correctly applied.

For any combination offers, e.g., including "two free pillows" or "£100 to spend on Eve Sleep products when you buy a mattress", please note the individual trial period or return policy on each Eve Sleep product still remains. Thus, whether an Eve Sleep product is eligible for a refund or not will depend on the individual trial period or return policy. Therefore, please read here for further information regarding individual trial periods or return policies.

Further with regards to combination offer purchases any product you do not return will be deducted from your refund at its full price (in effect at the time of your purchase). For example: If you bought 2 items costing £5 each for £8 due to a combination offer and return only one, we’ll charge you £5 for the one you kept and refund you £3.

If you do not return the Eve Sleep products that were purchased with this discount within their return policy, their price (in effect at the time of your purchase) will be deducted from your refund. The Eve Sleep products that were purchased with this discount will not be eligible for a for a refund or any other form of compensation