Terms of Contract

The Contract

1) In these terms “you” means a “consumer” as defined at section 2(3) of the Consumer Rights Act 2015 who is buying our products online for personal use only. If you are not a “consumer” these terms will not apply and you may not purchase our products online. To make any purchase please contact us directly.

2) Your order for our products is a request to buy. A binding contract is only formed between you and Otty Sleep Ltd when we accept your order by sending you a written confirmation. We are under no obligation to accept your order, or to accept it at any prescribed time.

3) Our contract with you is governed by these terms, our policies as set out on our website, the terms implied by the Consumer Rights Act 2015, and any other statutory provision that cannot be excluded. Any additions or changes will only apply if we have agreed in writing (including email).

4) No-one is authorised to make any promises or statements on our behalf and in choosing to buy or keep our products you should not rely on anything other than our contract with you and our marketing material.

 

Referral Scheme

1) Referral program cannot be used to back date referred orders or claim past order referrals. This means that any order referred without going through the program, will not yield commission.


Our obligations to you

1) We will supply our products in accordance with your accepted order at the advertised price.

2) We will deliver to the address you have provided and will not be responsible for any loss that results from that information being incorrect.

3) We will make all reasonable efforts to ensure that the products are delivered promptly but time is not of the essence of this contract.

4) We will not be liable for any delay or failure of delivery if you do not accept the product.

5) On delivery our carrier will obtain a signature by way of receipt if possible, but we will not be obliged to ensure that the signature is yours or that of your authorised agent.


100 Nights Trial

In addition to your statutory right to cancel your order, if you notify us in writing that you wish to return a mattress to us no later than 100 days after receiving it, we will arrange for collection at no cost to yourself and will refund the purchase price (excluding any delivery costs) within a reasonable time (no later than 14 days) after we receive it in our warehouse. The refund will be made the same way used to make the payment unless requested otherwise.

Once a mattress has been returned under the 100 night trial, any subsequent mattresses purchased will not be covered under the 100 night trial.

The collection of the returned mattress will be arranged with you directly by our courier who will make an attempt at collecting the goods on the pre-specified time & date. If you are not available for the collection on the pre-specified date, you are required to contact our customer services team (on 0330 111 2222 / cs@otty.com or via online chat) directly and re-arrange or cancel the collection, at least 1 day before the collection taking place. Failure to do this and a failed attempt of collection by the courier will cost us £30 and therefore any future collections will only be scheduled following a payment for the collection fee, by you, which can be arranged with our customer service team.

We only offer the 100 Night Trial for deliveries to Mainland UK and Ireland. 

It is not OTTY's responsibility to keep track of your 100 night trial dates and will not be held responsible for any returns not being reported within the allocated time.

It is the customer's responsibility to contact us within the timeframe allowed to report a return request.

30 Nights Trial - Accessories

All our accessories, rejuvenated mattresses, pet beds and pillows, are covered under a 30 day trial period. They can be returned for a full refund but the costs of the return will need to be covered by the customer. We can arrange the return for you for the cost of £10.

Guarantee & Warranty

1) We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery and our pillows for a period of 3 years from the date of delivery.* This covers against the below:

a) Sagging, dipping or any other visible indentation of the foam and memory foam, of any more than one (1) inch, that is caused by standard use in standard conditions. The indentation needs to be visible to a naked eye or measurable during a specialist visit.

b) Spring malfunction.

c) Cover damage, including damaged zip, loose strings or improper stitching.

d) Mattress not recovering to full size from being compressed. There is an industry standard allowance for 2cm difference in size from the size advertised. Anything over this, after the mattress has had reasonable time to expand (up to 3 weeks) will be classed as defective.

Once any of the above has been detected, you will need to supply sufficient information and proof to our customer service team, providing as much information as possible to identify the cause of the defect. This will often include images, videos and potential other measurements, depending on the defect. If you are unable to provide sufficient evidence or proof of the defect, we will not be able to offer a replacement.

If the mattress is classed as defective, we will arrange a replacement within 7 days and will collect the defective mattress from you at the same time. 

The replaced mattress does not reset the warranty date. For example, a mattress received on the 1st of February 2010, is covered under warranty until 1st of February 2020. If the original mattress develops a defect in 2015 and is replaced, the warranty on the second mattress will still run out on the 1st of February 2020.

If the mattress cover is damaged due to improper use, it will not be covered under warranty. Rips, cuts, stains and bobbling, amongst other self caused damages to the cover, will not be covered under warranty. Damaged zip resulting from standard use will be covered and in a case of damage, a new cover will be sent to you and the old one collected. Alternatively, you can repair it locally and pass the costs onto us, after prior confirmation from our customer service team. 

2) *The rejuvenated mattresses are covered by a 1 year guarantee, from the date of delivery, with the other terms of the warranty reflecting that of a new mattress.

3) This guarantee is available only to you, the original buyer of the mattress, and may not be transferred to any other person.

This warranty does not cover:

- Normal wear and tear or any condition resulting from misuse or abuse of the product;

- Standard softening of the mattress foam resulting from regular use;

- Defects caused by failure to place the mattress on a solid & stable surface, supporting all areas of the mattress evenly;

- Defects caused by repetitive pressure being placed on one small area of the mattress causing a hole, rip or indentation;

- Comfort preference after the 100 night trial;

- Damage caused by mold, odour, mildew, discolouration caused by abnormal care such as liquid spillage, improper ventilation, or excessive humidity;

- Imperfections that do not prevent standard use of the products;

- Defects caused by the use of the mattress by a combined weight of the users of over 44 stone (284kg);

- Defects caused by the lack of rotation of the mattress as recommended (once a month for the first year. Rotate head to toe, keeping the cool blue gel layer on top);

- Defects or damage caused by standing on, or jumping on the mattress;
- Mattresses that have been soiled, or otherwise unhygienic; 

General

1) Neither party to this contract shall be liable to the other for any loss or damage caused by circumstances beyond that party’s reasonable control.

2) This contract is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in the event of a dispute. However, both parties commit to a genuine attempt to settle disputes by negotiation or mediation prior to issue of proceedings.

3)  Under circumstances of fraud or suspected fraud, we reserve the rights to hold back delivery of the product until a clear resolution has been reached. Additionally, under the same circumstances, we reserve the right to withdraw our standard returns rights, 100 night trial or any offers. If a case of fraud or suspected fraud has been opened, we may withhold payment without delivery of the product; refuse a return, 100 night trial or any offers; ask for full payment for a product fraudulently received; or ask for evidence to aid the case. We may or may not choose to involve other legal parties where required, of which full costs will be billed to the party at fault. 

4) Our 100 night trial and warranty policies, cover mattresses purchased directly from OTTY or from our authorised resellers. If you are unsure whether the seller is an authorised reseller, speak to the members of the OTTY team, to confirm. 
Products purchased from unauthorised third parties, may be fake or grey goods and we always recommend identifying the seller you buy from as legitimate, before making the purchase.

5) OTTY Sleep make no medical claims relating to improvement or resolution of any medical issues or illnesses due to the use of our products, and cannot be held responsible for not making improvements to your condition. In reality, we have had numerous claims for improvements of people's back and joint pain and a number of other conditions, however each individual is different and other customers reviews' cannot act as a promise that the products will bring about the same results for you. 

We always recommend speaking to a medical professional about the type of mattress recommended for you.
 


Coupon Codes & Offers

1) OTTY runs promotional offers or discounts which are claimed by using a special Discount Code or Coupon, applied in the basket or at checkout. The terms of each offer will be specified on the advertising piece including the discount code.

2) Our promotions can be withdrawn at any time prior to the advertised end time.

3) If your order has already been placed and you forgot to add the promotional code to the order, where applicable, a member of our team can add the offer to the order for you.

4) If the order has been placed and shipped before you realise that you forgot to add the coupon code to the order, the offer will not be valid. However, we may still be able to add the offer to the order for you, but will ask you to cover the shipping fees where required.

5) Only one coupon code can be used per purchase. 

6) Anybody found to be abusing the discount codes facility will risk having the offer completely revoked. Including but not limited to – claiming more than 2 free pillows using our discount codes per mattress or more than 1 per Single mattress.

7) We reserve the right to wthdraw any offer from a purchase at any time. 

8) Terms of each special offer or discount will be outlined on the promotion page. Any discounts, offers or bundle deals, applied via a multi-purchase as opposed to a coupon code, are NOT valid with our coupon codes or offers. 

Terms of Service

Introduction Site Terms of Service, an Enforceable Legal Agreement. As of August 25, 2016

These Terms of Service and our privacy policy (together with the “Terms”) govern all use of https://www.otty.com and that site’s services (together the “Site” or “Services”). The Site is owned by Otty Sleep Ltd, an individual.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.


User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that: User will use the Services only as provided in these Terms;

User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;

User will provide accurate, complete, and current information to the Site and its owner(s);

User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.


Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.


Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.


Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.


Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.


Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.


Intellectual Property

This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without the written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.


Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.


Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages.Usermust also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to michal@otty.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.


Disputes

We are based in Leeds, West Yorkshire and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Leeds, West Yorkshire, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office located in the Leeds, West Yorkshire will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.


General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

The user may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relate to the Site or its Services.

There shall be no third party beneficiaries to these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.


Terms Contact

If you have any questions about these Terms, please address them to michal@otty.com.


Last Updated

These terms were last updated on August 25, 2016

Company Information

Vat Number: GB 249 4045 96
Company No: 10301123
Company Name: OTTY Sleep Ltd
Registered Address: Greenhouse, Unit W3C, Beeston Road, Leeds, LS11 6AE, United Kingdom