Terms & Conditions
These terms and conditions ("Terms") help to maintain the safety and integrity of the themattresstoppercompany.com website and set out the full extent of any agreement reached between you and The Mattress Topper Company in connection with themattresstoppercompany.com website ("the Site"). By placing an order, you accept the following terms and conditions:
The Mattress Topper Company Customer Services
M2, Mosquito Studios,
Penn St,
Amersham
HP7 0PX
You must be at least eighteen years old to place an order on this site. If you are under eighteen, you may only order in conjunction with, and under the supervision of, a parent or guardian.
You agree that e-mail can be used as a long-distance means of communication.
No contract for the sale of any product will exist between you and The Mattress Topper Company unless and until The Mattress Topper Company accepts your order through an e-mail confirming receipt of full payment for all the ordered goods. That acceptance will be deemed complete and communicated effectively to you at the time The Mattress Topper Company sends the e-mail, regardless of whether you receive it or not.
This confirmation e-mail signifies The Mattress Topper Company's acceptance of your offer to purchase goods from The Mattress Topper Company or a third-party supplier acting on behalf of The Mattress Topper Company.
The confirmatory e-mail will also contain a link to the themattresstoppercompany.com website where these terms and conditions are displayed, and they may be amended from time to time.
You must check the details in the confirmatory e-mail for accuracy as soon as possible and retain a copy of it.
The Mattress Topper Company will not share your credit or debit card details with any third party and will process your data in accordance with the terms of our Privacy Policy, which you can view for further information.
You agree that all details provided to The Mattress Topper Company for the purpose of ordering or purchasing goods or services are correct, the credit or debit card used is your own, and there are sufficient funds to cover the cost of the goods or services ordered.
If there are any changes to the details you provided, it is your responsibility to inform The Mattress Topper Company as soon as possible.
Your contract for purchases made through the Site is with The Mattress Topper Company, which is a trading name of 100% Comfort Ltd (company number 14888586), and you confirm that any goods ordered are for your own private and domestic use only.
All purchases are non-transferable.
You may cancel your order at any time before it is processed by clicking on the 'remove' link next to the product on the 'my order' page of the website. Alternatively, you can cancel by emailing hello@themattresstoppercompany.com, by post, or by phone during normal office hours (details on the 'contact us' page of the website). You may also withdraw from the contract after the product has been dispatched and you have received our email confirming your order, by sending a notice of cancellation by email, ensuring that you quote your name, address, and order reference number; or by returning the goods to The Mattress Topper Company unopened, along with the original invoice. The Mattress Topper Company will refund the purchase price of the goods via BACS payment upon receiving the relevant account details. Where appropriate, The Mattress Topper Company shall refund any additional customs duties borne by you upon receipt of the relevant customs receipt. For any complaints about an online transaction, please contact our Customer Services team by phone at 0333 577 0411 or via email at hello@themattresstoppercompany.com. If you wish to escalate your complaint, the European Commission has established an online service for resolving disputes about online transactions. Please visit the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/.
Once The Mattress Topper Company receives notification from you regarding your wish to withdraw from the contract (in accordance with these terms), any debited sum from your credit card in relation to your order will be re-credited to that credit card account as soon as possible, and in any event within 30 days of your order, provided that the goods you wish to return are received by The Mattress Topper Company in the condition they were in when delivered to you. You will be responsible for any charges incurred in returning the goods to The Mattress Topper Company.
Where defective goods are returned, there will be no charge for return. The Mattress Topper Company reserves the right to make a charge for collecting goods from your premises if they are not defective, but you have cancelled your order. Your statutory rights are not affected.
All calls to The Mattress Topper Company customer services or the The Mattress Topper Company order line may be recorded for training and monitoring purposes.
Liability
This section applies only to the extent permitted by law. For the avoidance of doubt, The Mattress Topper Company does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Limited's negligence or wilful default, or that of The Mattress Topper Company's employees, agents, or subcontractors, or (b) fraudulent misrepresentation.
The Mattress Topper Company does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices, specifications, and descriptions of listed goods, products, and services.
If an error is discovered in the price of the goods you have ordered, we will inform you as soon as possible. If you have ordered an item and the price published on the site is incorrect for any reason, we will contact you to provide the correct price and ask if you still wish to proceed with the order at the correct price. We are under no obligation to fulfil an order for a product that was advertised at an incorrect price. You will have the option to confirm the order at the correct price or cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we will refund the full amount in accordance with these terms.
The Mattress Topper Company will make its best efforts to promptly correct errors and omissions upon being notified of them.
To the fullest extent permitted by law, The Mattress Topper Company provides this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials, or products included in this site, including, without limitation, warranties of merchantability and fitness for a particular purpose. Additionally, The Mattress Topper Company does not represent or warrant that the information accessible via this site is accurate, complete, or current.
In the unlikely event that you receive goods that were not what you ordered, or are damaged or defective, or of a different quantity than stated on your order form, The Mattress Topper Company will, at its discretion, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund the amount you paid for the goods, provided that you notify The Mattress Topper Company of the problem in writing within 10 working days of delivery of the goods.
Nothing in this clause affects your statutory rights.
You and The Mattress Topper Company will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
The products sold on the Site are intended for private domestic and consumer use only. Accordingly, The Mattress Topper Company does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property, and/or loss from claims of third parties arising from the use of the Site or any products or services purchased from The Mattress Topper Company.
All products are covered by a twelve-month manufacturer's warranty. If your product develops a fault while under warranty, please contact The Mattress Topper Company, and we will provide guidance on where to send it for repair. Please note that this is a "return to base" warranty, and there will be a delivery charge to return the product to the relevant UK service center.
Processing of Orders. Every purchase you make shall be deemed performed in England. English law shall govern every aspect of the contractual agreement concerning purchases made from the Site.
The Mattress Topper Company aims to arrange shipment of all in-stock items within 14 days of receiving your order. However, if an item is not in stock with our suppliers, your order may be delayed. Some items may be unavailable, and the current stock status is approximate. We cannot provide specific dates for when items may be in stock.
Our standard Returns Policy applies to all purchases from The Mattress Topper Company.
Delivery/Title/Risk. The period stated within which you will receive your order is approximate. Goods will be sent to the address you provided in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in multiple shipments. You may cancel your entire order if subsequent instalments forming part of your order are not delivered. All products must be opened within 30 days of the warranty, or they become void.
Title to any product ordered will pass to you once The Mattress Topper Company has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
The Mattress Topper Company can deliver to anywhere within the UK, including the Highlands and Scottish Islands, with possible extra charges. However, we are unable to deliver to the Channel Islands or Gibraltar.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna: Pay Later Financing Further information and Klarna’s user terms can be found here. General information on Klarna can be found in Klarna's privacy statement.
Miscellaneous. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, and any other similar events.
We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
Subject to the license granted to you to use the Site, The Mattress Topper Company reserves all rights, title, and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from the use of The Mattress Topper Company and its affiliates' trademarks, trade, and business names, and service marks under this Agreement will vest in The Mattress Topper Company and its affiliates, as appropriate.
Using a false name or a known invalid credit card to place an order is a crime. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. The Mattress Topper Company tracks the electronic 'fingerprints' of every order placed on themattresstoppercompany.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
We reserve the right to terminate this Agreement and suspend or terminate your access to the Site immediately and without notice if: (i) you fail to make any payment to us when due; (ii) you breach the terms of this Agreement (repeatedly or otherwise); (iii) when requested by us, you fail to provide us within a reasonable time with sufficient information to verify the accuracy and validity of any information supplied by you or your identity; (iv) we suspect you have engaged, or are about to engage, or have been involved in any fraudulent or illegal activity on the Site.
The Mattress Topper Company may amend these Terms from time to time and post the new version on the Site. When such changes occur, they will be indicated on the 'ordering information' page of the site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are posted on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following the posting of the amended version on the Site. Your continued use of the Site following the posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
These Terms supersede any and all other conditions, understandings, commitments, agreements, or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and constitute the entire agreement between you and The Mattress Topper Company regarding your purchase. The Mattress Topper Company advises that you print and keep a copy of these terms and conditions once your order has been accepted by The Mattress Topper Company. We will store a copy of the contract entered into by you with The Mattress Topper Company, and you are responsible for fully reading all information on this website.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
These Terms are subject to the laws and exclusive jurisdiction of England.
Delivery of Your Order: We can only deliver to addresses in the UK. We are working hard to deliver your item as soon as possible, but please allow 14-21 business days.
Back Orders: If your item is not in stock, we will back order it for you. You will always be emailed with the option to cancel your order if you would rather not wait.
VAT Charges: All online orders include VAT at the prevailing standard rate.
Card Security: The small padlock logo at the bottom of your browser confirms you are using a secure site. When your order is passed to us, credit card numbers are encrypted using 128-bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any website, and we do not send the number in your email confirmation.
Guarantee: Selected products come with a manufacturer's warranty; please see the individual product for all warranty information. Any refund excludes all postage and packing fees. The guarantee only applies to the original purchaser, and the original proof of purchase must be provided to prove the purchase from an authorized supplier. The guarantee is not transferable and will not apply or be transferred to exchanged products. The product must be opened within 30 days of the delivery date or the warranty is void.
Competitions:
Prize draws are open to UK residents only.
Entries must be received by the date highlighted on the corresponding social post.
To enter, participants must follow the entry instructions listed on the original social post.
The decision of the judge is final, and no correspondence will be entered into.
Winners will be notified by The Mattress Topper Company only.
Winners must respond within 3 days to claim their prize.
You are entering to win the prize stated on the corresponding social post.
The prize draw is not open to anyone associated with the promotion or employees of The Mattress Topper Company.
The Mattress Topper Company reserves the right to use the entrant’s information as appropriate.
Prizes cannot be exchanged for cash.