UK Website UK Online Sales UK 60 Night Trial Promotional Offer
| TERMS AND CONDITIONS WEBSITE |
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| This legal notice applies to the entire contents of this website under the domain name www.tempur.co.uk and to any correspondence by e-mail between you and us. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms. If you do not accept these terms, do not use this Website. This notice is issued by Tempur (UK) Limited and all references to “us”, “we” or “our” are to Tempur (UK) Limited. |
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| 1 |
INTRODUCTION |
| 1.1 |
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. |
| 1.2 |
We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website. |
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| 2 |
LICENCE |
| 2.1 |
You are not permitted to print or download any part of this website unless we expressly authorise you to do so. |
| 2.2 |
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. |
| 2.3 |
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. |
| 2.4 |
Any rights not expressly granted in these terms are reserved. |
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| 3 |
SERVICE ACCESS |
| 3.1 |
Whilst we endeavour to ensure that this Website is normally available 24 hours a day, access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable if for any reason this Website is unavailable at any time or for any period. |
| 3.2 |
We reserve the right to modify or withdraw, temporarily or permanently this website (or any part thereof) with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the website. |
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| 4 |
CONDUCT |
| 4.1 |
You may not misuse the Website (including, without limitation, by hacking). |
| 4.2 |
We will shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected of an offence in relation to use of this website. |
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| 5 |
LINKS TO OTHER WEBSITES |
| 5.1 |
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and we do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. |
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| 6 |
CUSTOMER INFORMATION |
| 6.1 |
You warrant that the information that you provide to us is accurate and complete in all respects and you will notify us of any change to your information. |
| 6.2 |
You agree not to impersonate any other person or to use a false name that you are not authorised to use. |
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| 7 |
ORDER PROCESS |
| 7.1 |
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. |
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| 8 |
DISCLAIMER |
| 8.1 |
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material other than as we are required to do by law. |
| 8.2 |
We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes quoted are approximate. |
| 8.3 |
The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. |
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| 9 |
LIABILITY |
| 9.1 |
We any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. |
| 9.2 |
Nothing in this legal notice shall exclude or limit our liability for: |
| 9.2.1 |
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or |
| 9.2.2 |
fraud; or |
| 9.2.3
| misrepresentation as to a fundamental matter; or |
| 9.2.4 |
any liability, which cannot be excluded or limited under applicable law. |
| 9.3 |
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. |
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| 10 |
GOVERNING LAW AND JURISDICTION |
| 10.1 |
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts. |
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| TERMS AND CONDITIONS ONLINE SALES |
| 1 |
ORDERING PRODUCTS |
| 1.1 |
If you order products from our website you are making us an offer to purchase the goods. We accept that offer and form the contract when we send you an order acknowledgement by post. |
| 1.2 |
If you order products from our website we will send you an order confirmation by email. We will then send you an order acknowledgement by post which will state the details of your order and the estimated delivery date. |
| 1.3 |
If a product is not in stock we will not give an estimated date on the order acknowledgement. |
| 1.4 |
All orders placed by you are subject to these terms and conditions. You must be over 18 to place an order via our website. |
| 1.5 |
We only deliver products within mainland UK (excluding Northern Ireland and all offshore islands). |
| 1.6 |
Illustrations, photographs, weights, dimensions and descriptions on our website are intended as a general guide to products and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the website. |
| 1.7 |
We offer a 60 night trial for all our standard size mattresses, overlays and pillows (pillows only if ordered and delivered with a standard size mattress or overlay)purchased through our website. Please note the DeLuxe Pillow is not available on the 60 night trial. For details on the 60 night trial please see below or telephone 08000 111083. We do not offer a trial for any other products. |
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| 2 |
PRICES |
| 2.1 |
The prices payable for products are shown on the website. On the product pages of the website the product prices are inclusive of VAT but exclusive of delivery charge. In the shopping basket and check out section of the website the product prices are shown exclusive of VAT, the delivery charge is shown exclusive of VAT and the VAT is shown separately on the line below them. The total amount payable is inclusive of VAT. |
| 2.2 |
If you qualify for a VAT exemption, you will need to complete an additional form available upon checkout. You must print the form, fill it out and send it to us. Please note that the initial payment will be taken inclusive of VAT. Only upon receipt of your completed form will a VAT credit be applied to your account and a refund will be issued within 30 days. The VAT exemption applies only to the VAT on the TEMPUR products and not to the VAT on the delivery charges. |
| 2.3 |
If the price of a product is incorrectly shown and is higher than stated on our website, we will inform you of the new price and ask if you want to proceed with your order, alternatively we can cancel the order. |
| 2.4 |
If the price of a product is lower than stated on our website we will send you the product and charge you the lower price. |
| 2.5 |
We will make an additional charge for delivery costs and this will be shown separately in the checkout before you enter your details for payment. |
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| 3 |
PAYMENT |
| 3.1 |
We accept payment by credit or debit card. We will not dispatch a product until we have received payment from you. We cannot guarantee when any item will be dispatched. |
| 3.2 |
If for any reason payment is refused after we have dispatched the product we will have the right to request the payment from you or recover the products from you. We may charge you for our costs in recovering the goods or seeking further payment. |
| 3.3 |
We do not offer credit facilities for products purchased from our website. If you would like to know more about the credit facilities that are provided through Hitachi Capital Consumer Finance , please telephone 08000 111 083. |
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| 4 |
DELIVERY |
| 4.1 |
A delivery charge of £60 (delivery to mainland UK only) is applicable on TEMPUR Mattresses and Beds, per address. 1 pillow or small item will be delivered free of charge with a single mattress and/or bed, and 2 will be delivered free of charge with a double or larger mattress and/or bed. Pillows and small products delivered separately or over and above the free items, will be charged at £5 for the first item and £1.50 thereafter. |
| 4.2 |
Items will be dispatched as soon as we have them in stock and payment has been received. The times and dates given on our order acknowledgement are an indication only, as we do not guarantee any delivery dates. |
| 4.3 |
Deliveries will be made Monday to Friday. We will only deliver to the registered address for the holder of the credit or debit card. |
| 4.4 |
If we have given you an estimated delivery date, you can ring us the day before that date to establish if delivery will be in the morning or the afternoon. Telephone 0800 616135. |
| 4.5 |
If we arrange for delivery on a specific date and we are then not able to make the delivery because you are not present to accept the products, then we may charge you for the costs of the failed delivery. |
| 4.6 |
Once we have delivered the products then you are responsible for their insurance and security. |
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| 5 |
IF YOU CHANGE YOUR MIND |
| 5.1 |
By law you have the right to cancel your contract before you receive the product or return any product to us within 7 days of receiving it, provided it is unused, unsoiled, undamaged and in its original packaging. You must use our returns policy as set out below to return it. |
| 5.2 |
If you want to cancel before your order is delivered please telephone us on 08000 111083. If your order has already been processed for delivery we may not be able to prevent it being sent to you. You should not unpack it when it arrives and you must use our returns policy as set out below to return it. |
| 5.3 |
If you have already received the product from us and wish to return it please follow our returns policy set out below. We will refund the price of the product (less any delivery costs) provided you notify us within 7 days of receipt and the product is unused, undamaged and in its original packaging. |
| 5.4 |
We offer a 60 night trial for our standard size mattresses, overlays and pillows (pillows only if ordered and delivered with a standard size mattress or overlay) purchased through our website. Please note the DeLuxe Pillow is not available on the 60 night trial. For details on the 60 night trial please see below or telephone 08000 111083. We do not offer a trial for any other products |
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| 6 |
IF A PRODUCT IS DAMAGED OR FAULTY |
| 6.1 |
Please keep all the warranty information that comes with your product as it may be needed if it develops a fault. |
| 6.2 |
If any product develops a fault within the warranty period please use our returns policy to inform us. |
| 6.3 |
If you want to return a product to us because it was damaged when delivered or is faulty please use our returns policy. |
| 6.4 |
We will inspect all products returned to us as faulty. If we discover that they are not faulty we may return it to you and recharge you for the product and the costs incurred by us using the debit/credit card details provided to us at the time of placing your order. |
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| 7 |
IF WE HAVE SENT YOU THE WRONG PRODUCT |
| 7.1 |
If we send you a product that you have not ordered please use our returns policy to inform us. |
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| 8 |
RETURNS POLICY |
| 8.1 |
If you want to return a product please telephone customer services on 0800 616135. You will then receive a returns number. You must quote this number in all correspondence and when you return the goods. |
| 8.2 |
For the return of our small products (i.e. pillows, cushions) please use our free post address: Tempur UK Ltd, Freepost HA4653, Hayes, Middlesex UB3 1BR. Make sure to obtain a proof of posting receipt. Please note that if you do not use our free post address Tempur will not be liable for the costs of the return of our small products. |
| 8.3 |
If you want us to collect a product please contact us and we will arrange to collect it. We may refuse to collect soiled or damaged products. |
| 8.4 |
If you do not use the returns number on all correspondence it may delay our response to you or you may not receive a response, as we may not be able to identify who has returned the goods. |
| 8.5 |
If you return products to us which are in a soiled or damaged state or if we collect such products without being aware that they are soiled or damaged, we may redeliver them to you and charge you for such products including delivery charges using the debit/credit card details provided to us at the time of placing your order. |
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| 9 |
CANCELLATION BY US |
| 9.1 |
We can cancel the contract if: |
| 9.1.1 |
we do not have sufficient stock to deliver the product you have ordered; or |
| 9.1.2 |
we do not deliver to your area; or |
| 9.1.3 |
the price or description of the product is incorrect; or |
| 9.1.4 |
your payment is refused. |
| 9.2 |
If we do cancel your contract we will contact you and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you. |
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| 10 |
USE OF PRODUCTS |
| 10.1 |
You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them |
| 10.2 |
You agree to follow the manufacturers instructions supplied with the products and not to use the products in a careless or negligent manner |
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| 11 |
OUR LIABILITY |
| 11.1 |
We will not be liable for any loss you suffer through failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our instructions or using the products in a careless or negligent manner. |
| 11.2 |
Our liability to you for personal injury or death caused by our negligence is not limited. |
| 11.3 |
Our liability to you other than for personal injury or death caused by our negligence is limited to the cost or repair or replacement of the product or refund of the price paid for the product. |
| 11.4 |
We will not be responsible for: |
| 11.4.1 |
any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party. |
| 11.4.2 |
any failure to deliver products or delay due to any event or circumstance beyond our reasonable control. |
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| 12 |
INVALIDITY |
| 12.1 |
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. |
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| 13 |
PRIVACY |
| 13.1 |
You acknowledge and agree to be bound by the terms of our [privacy policy]. |
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| 14 |
THIRD PARTY RIGHTS |
| 14.1 |
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. |
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| 15 |
GOVERNING LAW |
| 15.1 |
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. |
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| 16 |
ENTIRE AGREEMENT |
| 16.1 |
These terms and conditions, together with TERMS AND CONDITIONS WEBSITE, TERMS AND CONDITIONS 60-NIGHT ‘NO COMMITMENT’ TRIAL THROUGH THE WEBSITE, , our current website prices, delivery details, contact details and [privacy policy], set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. |
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| TERMS AND CONDITIONS 60-NIGHT ‘NO COMMITMENT’ TRIAL THROUGH THE WEBSITE |
| 1 |
60-NIGHT TRIAL |
| 1.1 |
This 60-night trial agreement is entered into by Tempur UK Limited (referred to as “we”, “us”, “our” or “Tempur”) and you, the Customer (referred to as “you” or “your”) placing the order to receive our products (the “Products”, as defined on our website) on a 60-night trial basis. By taking our Products on the 60-night “no commitment” trial basis, you accept these terms and conditions. |
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| 1.2 |
The Products are supplied to you on the TERMS AND CONDITIONS WEBSITE and the TERMS AND CONDITIONS ONLINE SALES as set out on the website. The terms of this 60-night trial are in addition to those terms. |
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| 1.3 |
The 60-night trial is only available for our standard size mattresses and overlays. The 60-night trial also applies to our standard size pillows, but only if they are ordered and delivered with a standard size mattress or overlay. Please note the DeLuxe Pillow is not available on the 60 night trial.The trial is not available for our small products (including seat cushions, lumbar supports and travel pillows) or any other product which has been customized by us in any way or has been made to meet your particular requirements. This does not affect your statutory rights. |
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| 1.4 |
Only one mattress or overlay can be trialled per household. If you have ordered a single size mattress (75cm, 80cm, 90cm) or any standard size overlay, you can also trial one of our standard size pillows. If you have ordered a double or larger standard size mattress (135cm, 150cm, 160cm, 180cm) you can trial two of our standard size pillows. Please note the DeLuxe Pillow is not available on the 60 night trial.If you order more products than stated above, our Direct Sales Team will be in contact with you to discuss your order. |
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| 1.5 |
The 60-night trial will commence from the date on which the Products are delivered to you and will end at midnight on the 60th day after that date. |
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| 1.6 |
The 60-night trial is only available to residents at addresses within mainland UK, excluding Northern Ireland and all offshore islands. |
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| 1.7 |
Please ensure that the Products are in satisfactory condition when you receive them. If the Products are soiled or damaged on delivery to you, you must tell us as soon as possible and in any event within 3 days of delivery, so that we can arrange for collection and (if requested) exchange of any Products. |
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| 1.8 |
If you wish to exchange any products during the 60-night trial, the new products will not be eligible for the 60-night trial. |
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| 1.9 |
We regret that we are not able to take away or dispose of your old mattress. |
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| 2 |
RETURN TERMS |
| 2.1 |
You have a statutory right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel this agreement within 7 working days of the Products being delivered. The 60-night trial is offered by TEMPUR over and above that statutory right. |
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| 2.2 |
In the unlikely event that you are dissatisfied with the Products in any way and wish to cancel the agreement and return the Products to us, you must contact a member of our customer service team within the 60-night trial period on free phone 0800 616 135. We will then arrange for the Products to be collected from you. We will collect the Products from you free of charge if you are based on the UK mainland, excluding Northern Ireland and all offshore islands; if you are based anywhere else, we will make a reasonable charge for collection. |
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| 2.3 |
We will only collect our Products from you if the Products are unsoiled and undamaged. You must ensure that Products which you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the Products are delivered in case you wish to make a return. Alternatively, we can provide you with suitable packaging, which can be ordered from us at a cost of £25 when you call us to arrange collection. |
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| 2.4 |
Please ensure that all Products packaged for return are clearly labelled with your name, postal address and order number. If you try to return Products to us in a soiled or damaged state, we may refuse to collect or take away those Products. If (on return to our premises) we find that Products collected from you are in a soiled or damaged state, we reserve the right to re-deliver those Products to you and/or to require payment in full from you for those Products and you hereby authorize us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your 60-night trial order. |
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| 3 |
PAYMENT TERMS |
| 3.1 |
Full payment of the products including a delivery charge is payable prior to delivery of any Products to you. We will collect this payment from you when you place your order through the website with the 60-night trial. |
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| 3.2 |
You can pay in full by the following methods: Visa / MasterCard / Switch/ Delta / American Express / Electron / Solo. Payment is due in full at the start of the 60-night trial period. We will not deliver the Products to you until we have received and cleared your payment. If you decide to cancel the agreement during the 60-night trial period, we will issue a refund to you. Please see the section headed “Refunds on cancellation during the 60-night trial period” for full details. |
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| 4 |
VARIATIONS TO THESE TERMS AND CONDITIONS |
| 4.1 |
No variation to these terms and conditions shall be binding on Tempur unless we have confirmed our acceptance of that variation in writing to you. |
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| 5 |
REFUNDS ON CANCELLATION DURING THE 60-NIGHT TRIAL PERIOD |
| 5.1 |
If you contact us during the 60-night trial period to cancel the agreement and request that we collect the Products from you, we will refund all payments made by you for the returned Products at that date, less our delivery charge, which is not refundable. For full details of our return terms, please see the heading “Return Terms” above. |
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| 6 |
IMPORTANT NOTICE |
| 6.1 |
If you fail to contact us to cancel your trial of the Products and arrange for our Products to be collected from you before the end of the trial period, we will be entitled to assume that you have accepted the Products unconditionally. You agree, if we have not heard from you at the end of the 60-night trial period, that we may treat your silence as unconditional acceptance of the Products being trialed. |
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| Terms & Conditions for the promotional offer |
| - |
Purchase a TEMPUR Mattress now and get 2 pillows of your choice absolutely FREE! |
| - |
Not to be used in conjunction with any other offer and only available when purchasing a TEMPUR Mattress from TEMPUR directly between the 1st September 2008 and the 31st October 2008 inclusive. |
| - |
Offers are subject to availability. |
| - |
The Deluxe Pillow is not included in the 2 Free Pillows offer. Pillows are non-exchangeable. If mattress is returned after or during the trial, pillows can be purchased with a 25% discount otherwise they must be returned with the mattress. |
| - |
Delivery charge is non-refundable. |
| - |
2 Free Pillows applies to mattress orders over 4ft 6inch or larger mattresses. One Free Pillow is offered for 3ft and smaller sized mattresses and overlays. |
| - |
Delivery to mainland UK only. |
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