Terms of Contract

OUR TERMS

 

  1. THESE TERMS

 

  • What these terms cover. These are the terms and conditions on which we supply products to you.

 

  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

 

  • Who we are. We are Otty Sleep Ltd, a company registered in England and Wales. Our company registration number is 10301123 and our registered office is at Greenhouse, Unit W3c, Beeston Road, Leeds, United Kingdom, LS11 6AE.

 

  • How to contact us. You can contact us by emailing our customer service team at cs@otty.com or by using the online chat feature on our website. We aim to provide good and efficient customer service and we will do our best to help you resolve any issues or queries you may have.

 

  • How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address.

 

  • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

  1. OUR CONTRACT WITH YOU

 

  • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

 

  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

 

  1. OUR PRODUCTS

 

  • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  • Although we aim to be as accurate as possible, because we use several different high quality manufacturers, the mattress may:
  • Utilise different foam components. Each mattress will still contain a breathable and cooling layer as well as a layer of supportive comfort foam.
  • Contain slightly different coloured foam or a different cover to the one advertised.
  • Have a different cover, which may include handles or a repositioned zip. We will always advertise all the features contained in all our mattresses on the website, so you will never receive a mattress that doesn't have something that was advertised.

 

The position of the layers in the mattress will stay the same. The Original hybrid mattress will still contain up to 2,000, 16cm pocket springs, all of which have been made to the exact same specification. The firmness of the mattress will also stay the same. All of the above is subject to standard industry variability in material composition.

 

Our mattress toppers do contain anti slip material on the underside, however this does not guarantee against external factors causing slippage. 

Our waterproof mattress protectors are not guaranteed to prevent stains leaking through them, as this may be affected by external factors such as washing temperatures, room conditions and the time that the substance has been left on the protector. Any spillages need to be wiped away or the protector washed, within 12 hours of the spillage to ensure it doesn't leak through.

 

  1. YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).

 

  1. OUR RIGHTS TO MAKE CHANGES

 

  • Minor changes to the products. We may change the product:

 

  • To reflect changes in relevant laws and regulatory requirements; and
  • To implement minor technical adjustments and improvements. These changes will not affect your use of the product.

  • We reserve the right to cancel the contract at any time and offer a refund.

 

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make more material changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

  1. PROVIDING THE PRODUCTS

 

  • Delivery costs. The costs of delivery will be as displayed to you on our website.

 

  • When we will provide the products. The estimated timing of delivery will be as displayed to you on our website at the time of your order. This is an estimate only and we will provide the goods as soon as reasonably possible.
  • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

  • Where your order will be delivered. All deliveries will be arranged to arrive at the shipping address provided by you on your order. We will not be responsible for any loss that results from you providing incorrect shipping information. If you need to change the shipping address, please contact us by 2pm on the on the day prior to your delivery date at the latest, after which, change of address may not be possible. All address changes post order need to be communicated to us explicitly by email. Deliveries to offshore post codes will take longer than usual, usually within 14 working days from shipping date. Our courier will contact you to confirm your delivery date with you before attempting delivery. Our courier will always take a picture of the goods left at the desired destination. This information is applicable for deliveries and collections / exchanges. 

 

  • If you live in an apartment block or multi storey house. If you select delivery to the door only when you place your order, this means a delivery will be delivered to the first door only. In an apartment block, this will mean that the delivery would be delivered to the bottom door only and not taken up to your apartment. In a multi storey house, this would mean delivery to the bottom floor and not to your room. For a delivery directly to your apartment or room, select the premium delivery option at checkout.

 

  • If you cancel your order after it has been shipped and before delivery. This will result in a fee of £35 payable by you to cover the shipping costs.

 

  • If we cannot deliver your goods in one delivery. While we will aim to deliver the entire order in one delivery, it is not uncommon for us to send certain items separately and sometimes on different days. If you have ordered a mattress with pillows and accessories, the mattress will be delivered on the specified delivery day but the pillows and accessories may be sent separately to arrive later.

 

  • If you are not at home when the product is delivered. If no one is available at your address to take delivery, our courier will leave you a note informing you of how to rearrange delivery. We can arrange re-delivery of an item for free once. If you miss delivery more than twice, this will result in a fee of £35 payable before the order is delivered again or to be deducted from your refund. We recommend that you allocate the delivery for a day when someone is available at home to receive the goods. We will not be liable for any delay or failure of delivery if you do not accept the product.

 

  • If you ask us to leave your delivery in a safe place or with a neighbour. We can only leave the parcels with a neighbour or in a safe place, if you gave us written permission via email from the same email address registered to the order. We will not be held responsible for items left with a neighbour or safe place sustaining damage or being missing.

 

  • If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 11.2will apply.

 

  • If there is something missing from your delivery, or you've received incorrect items. It is your responsibility to ensure that the delivery contains all the items specified on the POD (Proof of Delivery), that the couriers will ask you to sign on delivery and that the items delivered are what you have ordered. The POD is a legal document confirming the receipt of goods as marked on the document. If your delivery is missing any items, make sure to make a note on the POD before signing and make the delivery driver aware at the time. If your delivery includes any incorrect items, you need to make the drivers aware so that they can take the items back to the warehouse, or if that's not possible, you are required to contact OTTY via email, within 24 hours, to discuss next steps. You are not permitted to open any items received incorrectly, without prior consent from OTTY staff. A signed POD confirming all items have been delivered, can and will be used as proof against any claims of missing items. We will not be obliged to ensure that the signature of the POD is yours or that of your authorised agent. 
  • If your goods are damaged. You must notify the courier driver and our customer services team as soon as possible after the delivery was made if the products are damaged. Please see Clause 9 for damages caused by manufacturing defects. Damage to the mattress caused by the user is not covered by the guarantee. You must make sure to inform our customer service team if you spot any damage to the boxes or the product itself. If the damage is just cosmetic and the product is fine to use, we will at least log the damage for any future contact.

  • If your goods are delayed. In the event that the scheduled delivery date has been missed, it is possible that the goods may have encountered delays either in transit or while in the warehouse, resulting in a slight delay in delivery. When using standard couriers, such as DPD or DHL, the majority of deliveries are typically received the following day; however, occasional delays may occur during transit. We kindly request that you allow an additional 3 working days from the shipping date before contacting us to report any concerns of lost goods, as the items will often be delivered within a couple working days.
  • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
  • When you own goods. You own a product which is goods once we have received payment in full.
  • If you live in Northern Ireland or Ireland. Once an item has been delivered, we unfortunately do not offer and upgrade or exchange in Northern Ireland or Ireland.

  • Information required for us to contact you. To ensure a smooth and hassle-free delivery process, we kindly request your email address and a valid UK phone number. Our couriers will use your email to schedule a delivery date and time, and will require your confirmation via email of the suggested dates, in order to schedule your delivery. Additionally, they may need to call you on the delivery day to confirm your delivery window or address any delivery issues, for which a valid UK phone number is necessary. Please be advised that failure to provide either of these pieces of information may result in delivery delays or difficulties, that we cannot be responsible for. 
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your shipping address. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 11.2will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

 

  1. YOUR RIGHTS TO END THE CONTRACT

 

  • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12;

 

  • If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

 

  • If you have just changed your mind about the product, see Clause 8.3 and Clause 8.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; or

 

  • If you have bought products covered by our 100 Nights Trial, see Clause 8.4. You may be able to get a refund if you are within the 100 night trial period.

 

 

  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

 

  • We have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
  • We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  • There is a risk that delivery of the products may be significantly delayed because of events outside our control;
  • You have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.8).

 

  • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

  • Our 100 Nights Trial (‘the Trial’). Please note, these terms reflect the Trial offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations. This Trial does not affect your legal rights in relation to faulty or mis-described products (see Clause 12.2).

 

  • The 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 you are genuinely dissatisfied with the product, we reserve the right to refuse to accept the return and we reserve the right to refuse to sell our products to you in the future, either through the website or otherwise. Please note that this does not affect your legal rights as a consumer under this Clause 8. We reserve the right to refuse the Trial to anyone not operating as a consumer or who is otherwise in breach of these terms. The Trial is only available on purchases via our website and does not cover purchases via other marketplaces (like Amazon or eBay). We may offer a different trial lengths on different mattresses, but only one trial is available per customer / per household.

 

 

  • 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 in the same way used to make the payment. To qualify for a return under the Trial;

 

  • The products have to be returned in a reasonable condition; that means no damage, stains, rips or other visible marks or damage, and have to be returned with the original OTTY cover.

 

  • Any damage or stains on the cover, found at the point of inspection in our warehouse, will result in your refund being reduced by the cost of the replacement of the cover. To prevent this, we strongly recommend that you clean the mattress cover at home by washing it or sending to the dry cleaners, before the collection is arranged. Our returns email outlines all the steps and requests that you take pictures of the mattress before it is returned to us, as your proof of the quality and condition of the mattress and the cover, before our couriers collect it. If there is damage sustained to the mattress in transit, these pictures will be requested by our customer service team as proof that the mattress left your property in good condition and failure to provide these may result in the fee for the cover replacement being taken from your refund.

 

  • Damage or stains to the mattress itself found at the point of inspection in our warehouse will result in a cleaning fee of £40 being reduced from your refund if the mattress is expected to be cleanable. In case the damage/stains to the mattress are so severe that it is not recoverable, we reserve the right to send the mattress back to you at our cost and refuse your Trial, or reduce your refund by £250. As above, all returned mattresses are stripped and inspected so we recommend that you clean any stains before returning the product and notify our agents before delivery if any damage/stains are present before shipping. Pictures of the mattress before returning are helpful in case the mattress is damaged by our courier in transit, as they will speed up your refund and act as proof that the goods have left your property in good condition. 

  • When arranging for mattress return, we offer the convenience of collecting it from your room of choice, provided it's safe to do so. If your stairs are narrow and moving the mattress poses a safety risk, we will be unable to proceed with the collection. In such cases, it becomes your responsibility to ensure the mattress is placed in a safe location for collection.

 

  • When processing the return via the returns form online, you will be required to submit images of the mattress and/or the cover, plus any other items that you are returning. This will help speed up the process of returns. We will not accept a mattress return without the original mattress cover.

 

  • Once a mattress has been returned under the Trial, any subsequent mattresses purchased by you will not be covered under the Trial rights.
    Only one trial is available per customer.

 

  • Additionally, only one mattress per household can be returned under the Trial. If you share an address with friends / family who purchased and returned an OTTY, you would not be eligible for the trial.
    We recommend you trial the first mattress before ordering more. 

 

  • We only offer the Trial for orders in the Mainland UK and Ireland. 

 

  • It is not our responsibility to keep track of your Trial dates and will not be held responsible for any returns not being reported within the allocated time.

 

  • Once our returns team contact you with the instructions on how to prepare the mattress to return and the next steps, our courier will contact you within 1-2 days to arrange collection. If you have missed the contact from the couriers or they have not contacted you for any reason, you need to contact our customer service team immediately. In this situation, we will contact the courier and book the collection in for you manually. It is your responsibility to contact us promptly if our courier does not get in touch, or if you miss the contact. You must arrange the collection within 14 days from the date you notify us of your intention to cancel and within a maximum of 7 days after your Trial run out. Failure to arrange the collection within this timeframe will invalidate your right to end the contract and to return the product under the Trial. If you are unhappy with the mattress, we recommend allowing at least a week before your Trial ends so that you have time to arrange the collection for a suitable day within the coming days, within the 100 nights from delivery. Please see Clause 10 for more information on collection.


  • Your trial end date is calculated from the date of delivery until the date your return is booked on the system. If you email our team to request the return, you will still need to book the return on the online system and it is this date that is used to calculate your trial end date.

  • All free or discounted items have to be returned with the mattress. If any of the free or discounted items are kept, they will be charged at full retail price.

 

  • The 100 night trial is offered in addition to your statutory rights as a goodwill offer and as such, we reserve the right to refuse the Trial without prior notice, in certain circumstances we see fit, including but not limited to:

 

  • where there is evidence that the mattress is damaged or stained, or otherwise unsuitable for secondary use;
  • where there is evidence or belief that you are associated with another mattress brand or manufacturer;
  • where we believe there is any intent on your behalf to misuse the Trial;
  • where there is any suspicion of misconduct, dishonesty or direct attempt at defrauding or otherwise cheating us;
  • where we have reasonable belief that you are returning your mattress purely to abuse the discount codes / offers, or are looking to purchase the same model at a discounted rate via our store or an alternative selling platform (whether brand new or otherwise); or
  • if you are found to be swearing, shouting or otherwise behaving in an abusive manner towards our customer service team.

 

This Clause does not affect your statutory rights.

 

  • The Trial does not apply to any accessories bought with or separately to the mattress.


  • How long do I have to change my mind for products not covered by the 100 Nights Trial? The trial length on the accessories depends on which products you have ordered. 

 

  • Have you bought pillows, mattress protector, a duvet or a bedding set? If so, the goods have to come back to us as new, in the original packaging and you need to return them to us. You have 14  days from the date of delivery to return the goods to us.
  • Have you bought a bed frame (original or ottoman)? if so, the goods have to come back to us as new, in their original packaging and you have 30 days from the date of delivery.
    • Have you bought a topper? if so, you have 14 days after the date of delivery to notify us and return the item to us.

    • If you have purchased more than one product and want to return them together with the mattress, please speak to our CS team who may be able to help with returning the products to us.

    • When returning the goods to us, make sure to return them with a tracked service and include your order details (order number and name) as well as a short note explaining that you are returning for a refund. Once received, we will inspect the goods and providing they are in excellent condition, will process a refund within 2-3 days. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you, this cover mis-packaging, mis-measurement etc.

     

    1. GUARANTEE AND INDEMNITY

     

    • What our guarantee covers. We provide to you a guarantee of 10 years on all our new mattresses, 1 year on our mattress covers, 1 year on our pillows and 1 year on free gifts and products provided with a purchase, against manufacturing defects. The guarantee starts on the day the product is delivered. The manufacturing defects covered are limited to:
    • Sagging, dipping or any other visible indentation of the foam, 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 and over the tolerance outlined below, based on the delivery date of the mattress:
      - Delivered within the first 12 months - 25mm
      - Delivered between 12-24 months ago - 35mm
      - Delivered between 24-36 months ago - 40mm
      - Delivered between 36-60 months ago - 45mm
      - Delivered over 60 months ago - 50mm
    • Spring malfunction;
    • Cover damage, including damaged zip or faulty stitching resulting from improper manufacturing. This does not include general wear and tear caused over time (including loose threads etc.);
    • Mattress not recovering to full size from being compressed. There is an industry standard allowance for 3cm difference in size from the size advertised. Anything over this, after the mattress has had reasonable time to expand (up to a week) will be classed as requiring further investigation. This needs to be communicated to us in writing, within 1 month of receipt of the product.

     

    • What our guarantee does not cover.

    Our guarantee does not cover:

    • Defects caused by normal wear and tear or any condition resulting from misuse or abuse of the product;
    • Defects caused by standard softening of the mattress foam resulting from regular use;
    • Defects caused by the mattress being left packaged and compressed in the box, for any more than 8 weeks from the date of delivery;
    • Defects caused by failure to place the mattress on a solid and stable surface, supporting all areas of the mattress evenly; On a standard slatted base, the slats have to be evenly spaced, within 2.5-3" apart from each other, to ensure the mattress has a solid base for support. We do not offer any guarantee using the mattress with steel bed frames and thin steel supports, as they may not offer the essential support needed for the mattress.
    • Defects caused by repetitive pressure being placed on one small area of the mattress causing a hole, rip or indentation;
    • Defects caused by mould, odour, mildew, or discolouration caused by abnormal care such as liquid spillage, improper ventilation, or excessive humidity;
    • Defects caused by the mattress being used or stored next to a heat source such as a heater, radiator or fireplace.
    • Defects caused by 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 (You must rotate the mattress once a month for the first year, then once every 3 months thereafter. Rotate head to toe, keeping the top layer at the top at all times);
    • Defects caused by standing on, or jumping on the mattress;
    • Comfort preference after the Trial period has come to an end, including preferences of firmness and/or heat retention levels;
    • Imperfections that do not prevent standard use of the products;
    • Mattresses that have been soiled, or otherwise unhygienic; or
    • Mattress covers that are damaged due to improper use such as rips, cuts, stains and bobbling.

     

    • You must be able to evidence the defect. If you are covered by our guarantee, we will replace your mattress, pillow or mattress cover. In order to qualify you must send us evidence that the mattress is defective, by way of images, videos or measurements. You will not qualify under our guarantee if you do not send us sufficient evidence of the defect. If you cannot sufficiently evidence the defect by these methods, you can instruct an independent furniture inspector to inspect the mattress. You will need to pay for this initially, but if the inspector finds that the mattress is defective, we will reimburse the costs of the inspection up to £50 plus VAT.


    • You must provide proof of your purchase. We send confirmation emails on purchase which contain all your purchase information. We can only validate your warranty claim if you have a proof of purchase.

    • You must use and return the mattress with its original cover. For the mattress to be covered under warranty, it has to be used in its original OTTY cover. In addition, any faulty exchange can only be actioned if the mattress is returned with its original cover.

     

    • How we will replace your mattress. Once we are satisfied your mattress is defective, we will arrange a replacement within 14 days. We will collect the defective mattress on the delivery date, if the faulty mattress isn't available or withheld, we may charge up to 70% of the original retail value. 


    • You must accept the warranty offer within 30 days. Once we have made you an offer for replacement, fair use refund, or otherwise resolved your warranty claim, you are required to accept it within 30 days. After this time, the offer, and your warranty, will be invalidated. This is because once your mattress is recognised as faulty, using it further will damage it further.

     

    • If we replace your mattress, the guarantee period is not extended. 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 we replace your mattress, the replacement does not come with a trial period. 

    • Your mattress has to be returned with the original mattress cover. The mattress has been built to be used with our original OTTY cover which adds to the structural stability of the mattress itself. Furthermore, the cover contains batch information that we require when returning the mattress under warranty. If the mattress cover is not present at time of replacing, we may refuse the warranty claim.
    • Assignment of this guarantee. This guarantee is available only to you, the original buyer of the mattress, and may not be assigned to any other person.

    • In some cases we might offer you a partial refund instead of a replacement. This will be calculated based on the length of the guarantee and the time you have been using the product. We reserve the right to refuse offering a replacement if we believe the product is being misused. 

     

    • Our guarantee on products bought on promotional sites. The warranty on products sold via Wowcher, Groupon and other similar discount sites is 1 year. This applies to all products sold via these platforms.

     

    1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

     

    • Tell us you want to end the contract. To end the contract with us, please let us know by:

     

    • Phone or email. Email customer services at cs@otty.com. Please provide your name, home address, details of the order, your phone number and email address.

      

    • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. How you must return your products to us depends on what you have ordered. Failure to follow these instructions may result in the return being rejected and the full retail price being deducted from your refund.

     

    • Have you bought pillows or a bedding set? If so, the products have to be returned to us with tracked delivery. Once received, we will inspect them and process the refund within 3 working days. Please email us at cs@otty.com for the return address and instructions.

     

    • Have you bought a bed frame? If so, you must arrange for us to collect the product within 30 days of delivery. Please email us at cs@otty.com to arrange collection. In order to return the bed frame, it has to be dismantled and placed back in the original packaging with all the parts and instructions present, before a collection is arranged.

     

    • Have you bought a mattress covered by our 100 Night Trial? If so, please see Clause 8.4 for more information on how to arrange collection.

     

    • When we will pay the costs of return. We will pay the costs of return:

     

    • if the products are faulty or misdescribed; or

     

    • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

     

     

    In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

     

    • What we charge for collection. The collection of the returned mattress or bed frame will be arranged with you directly by our courier. The courier will make an attempt at collecting the goods on the pre-specified time and 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 or cs@otty.com or via online chat 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. Collection for items bought in a bundle have to be arranged at the same time. If you wanted to arrange separate collections, you will be liable to pay the collection fee on the subsequent collections of £30.

     

    • When we will be able to collect your products. We operate a post-code specific matrix for deliveries and collections and therefore we are only able to deliver/collect from certain post codes on certain days. These options are visible at checkout when selecting delivery method and can be advised by our customer service team. It is your responsibility to be home on the specified day of collection to return the products to us. If our delivery matrix does not suit your requirements, we can also collect the goods from a safe location or a neighbour.

     

    • Preparing your return for collection. There needs to be suitable space in the room to dismantle any furniture or remove the mattress from the bed. The couriers may refuse to remove the items from your house if they deem it unsafe to do so. Reasons could include; the way out not being spacious enough, the way out being obstructed or any other reason for the driver to deem it unsafe at the time.

     

    • How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.

     

    • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

     

    • We may reduce or refuse your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them. All products returned to us are inspected by our crew and photographs are taken upon receipt to assess any damage to the packaging or product. 

     

    • The condition of pillows and bed sets needs to be as new when returned with the packaging still intact. If the covers are found to be damaged or stained, a fee may be chargeable to replace them. If the pillows or bed sets themselves are stained or damaged, we may reject the return and return the goods to you.
    • The condition of a bed frame is inspected by our team and if any damage or stains are found, or the packaging or parts are missing, the goods will be returned to you and the return refused.

     

    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

     

    • If an order has been dispatched before you inform us that you would like to cancel, we reserve the right to charge you the delivery fee of £40 which is usually covered for free when an order is placed. This will be reduced from your refund.

     

    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

     

    • Your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see Clause 10.2.

     

    • When you have purchased a bundle. The discount offered on a bundle is based on a purchase of the entire bundle together. If you are looking to return any part of the bundle, you will receive a refund equal to the full price paid, minus the retail price of each individual item that you have not returned, at the time of your refund. 

     

    1. OUR RIGHTS TO END THE CONTRACT

     

    • We may end the contract if. We may end the contract for a product at any time by writing to you if:

     

    • You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
    • You do not, within 14 days of your order, allow us to deliver the products to you;
    • You are swearing, rude or otherwise abusive towards our staff.

     

    11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.  

    11.3 If you are swearing, rude or otherwise abusive towards our staff. We do not accept abuse in the workplace, and will not accept abusive behaviour from our customers. If you are repeatedly found to be abusive towards our team, we reserve the right to break our contract with you and refuse to continue having you as a customer. This does not affect your consumer rights. 

    1. IF THERE IS A PROBLEM WITH THE PRODUCT

     

    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at cs@otty.com.

     

    • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

     

    Summary of your key legal rights

     

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

     

    If your product is goods, for example a mattress or bed frame, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

     

    a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

    b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

    c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

     

    12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at cs@otty.com for return instructions or to arrange collection.

     

    1. PRICE AND PAYMENT

     

    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order.

     

    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

     

    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

     

    • When you must pay and how you must pay.

     

    You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

     

     

    13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.

     

    1. REFERRAL SCHEME
      • How you can earn commissions through our referral scheme. You must record a referral with us before the referred order is placed. We will not back date referred orders and you cannot claim past order referrals. In order to qualify for the referral scheme, you must have made an order from us over £400. The referred order must be an order of £400 or more in order for you to qualify for commission under the scheme.

     

    • How your commission will be paid. Your commission is a £25 voucher paid via Amazon eGift Cards or as store credit. We may revise the value of the commission at any time. You will receive your commission after the 100 Night Trial period has ended on the referred order. The voucher or store credit will be valid for 6 months and is single use only. The voucher or store credit is only valid on orders over £400.

     

    • How to make a referral. You cannot use the referral scheme to purchase another mattress for yourself. If we suspect you have used the referral scheme to purchase a product for yourself or someone in your household, we may invalidate the commission. Commission will be paid once per referral, regardless of how many orders the referred person makes. You cannot refer multiple people at the same address.

     

    • You may not advertise the referral scheme. If you are advertising the referral code or link online, for the purpose of sharing the commission or otherwise incentivising others to purchase, your commission may be invalidated. The referral scheme is made for organic referrals of your friends and family. You may be asked to provide details regarding the people you are referring to prevent the code / referral link from being advertised online or otherwise publicised to earn the rewards. If you are unable to provide the details of the people you have referred, we may invalidate your commission.
    1. COUPON CODES AND OFFERS

     

    • How offers can be claimed. We sometimes run promotional offers or discounts. These are claimed either when adding a mattress to basket, using the offer selector pop up, or 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 promotion page. Only one coupon code or offer can be used per purchase. 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. We will not honour offers past their end-date.

     

    • Amazon Voucher terms and conditions


      • This offer is valid on purchases made between 01.09.2021 and 30.09.2021 on any OTTY Original Hybrid Mattress or OTTY PURE Hybrid Bamboo & Charcoal Mattress only 
      • Valid only on orders where a valid offer code is used, any order without the valid code will not be accepted
      • Code must be used at time of purchase and cannot be retrospectively added 
      • Amazon vouchers are only available after the 100 night trial has passed
      • Offer can not be used in conjunction with other discounts such as Keyworkers or Student discount

      How to claim your Amazon voucher


      Once you have passed your 100 night trial, please email cs@otty.com with your order number (make sure when you purchase your order contains the valid offer code when you purchase) to claim your voucher. 


      You will receive the voucher directly to your email address. 


      You have 30 days from passing your 100 night trial to claim your voucher, after this point it is no longer redeemable.

     

    • Our right to withdraw the offer. We may withdraw our promotions at any time prior to the advertised end time or to any particular product.

     

    • If you forget to use the offer code. If your order has already been placed and you forgot to add the promotional code to the order, a member of our team may be able to add the offer to the order for you. If the order has been placed and shipped before you realise that you forgot to add the coupon code or offer 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.

     

    • If you abuse the discount. Anybody found to be abusing the discount codes or offers facility will risk having the offer completely revoked and their 100 night trial refused. 

     

    • Free or discounted items offered as an incentive to purchase a mattress are only reduced when purchasing with the mattress. Free or discounted items received with a mattress purchase as an incentive (pillows, pet beds, duvet etc) cannot be returned in exchange for another discount if not suitable and have to be returned with your mattress purchase in order to receive a full refund. This does not affect your statutory rights. 

     

    • Offers and deals are not valid on the single and EU single mattresses. Those sizes will still be discounted, but by a smaller amount, visible before purchase.


    • Closed group discount codes are only valid on purchases from the members of the closed group. This includes key workers, students & any other closed group in which a unique discount code or offer is promoted. Anyone found to be abusing this and using promotions / discount codes without being able to prove their membership to the group, will risk having their offer revoked and their 100 night trial refused.


    • Offers and deals are not valid on rejuvenated or out of box items.
      As these items are already heavily discounted, no other codes or discounts are usable. 

    1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

     

    • We are responsible to you 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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

     

    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987

     

    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

     

    1. HOW WE MAY USE YOUR PERSONAL INFORMATION

     

    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy which is available on our website or can be made available on request.

     

    1. OTHER IMPORTANT TERMS

     

    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

     

    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

     

    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

     

    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

     

    • Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    • None of our correspondence can be copied and used publicly without our prior specific approval. This includes all emails, online chats or phone recordings. You must obtain permission from the staff member with whom the correspondence has been had, to copy and paste or otherwise share in any way, the correspondence materials mentioned above. 
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

     

    • We do not make any medical claims relating to our products. We are not responsible for our products not improving your medical condition. We have received testimonials from customers regarding improvements to back and joint pain amongst other conditions, however this is entirely anecdotal, and we do not make any representations as to the accuracy of this information. We cannot promise that our products will have positive results for you as each customer is different.

     

    • Unauthorised third parties. Our 100 Nights Trial and guarantee applies only to products bought directly from us or one of our authorised resellers. If you are unsure whether the seller is an authorised reseller, speak to a member of our 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.

     

    • Our rights when we suspect fraud. In circumstances of fraud or suspected fraud, we reserve the rights to hold back delivery of your 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.