terms & conditions

Please read the following important terms and conditions before you buy anything on our website.

summary of some of your key rights:

We want you to be entirely happy with your herdy®sleep mattress and so our 100 night trial gives you the opportunity to test your mattress for 100 nights, starting on the day of delivery.  If you are not entirely happy with your mattress or change your mind within 100 days of receiving a herdy®sleep mattress we will collect it at no extra cost and give you a full refund. We reserve the right to refuse the 100 night trial to anyone associated with a mattress retailer/manufacturer/brand. Of course, we grant you our 100 night trial without limiting your statutory rights.

The information in this summary box summarises some of your key rights. It is not intended to replace the rest of this agreement, which you should read carefully.

These terms and conditions set out:

  • your legal rights and responsibilities,
  • our legal rights and responsibilities, and
  • certain key information required by law.

In these terms and conditions:

  • We, us or our means HS Products Ltd, a company registered in England and Wales under company number 05189436, having our registered office at 6 Millennium Drive, Leeds, West Yorkshire, England, LS11 5BP and trading as herdy®sleep.
  • You or your means the person using our website to buy goods from us.
  • If you don’t understand any of this contract and want to talk to us about it, please contact us by:
    1. e-mail hello@herdysleep.com, or
    2. telephone number 0800 294 8666 Monday to Friday 9am to 5pm.

1. Introduction

    1. If you buy goods on our website, www.herdysleep.com (the “Website”) you agree to be legally bound by these terms and conditions and any documents referred to in them, together with our Privacy, Terms of Website Use, Returns and Refund Policies and the Delivery Information form part of the contract between you and us as though set out in full here (the “Terms”).
    2. You may only buy goods from our Website for non-business reasons. If you want to buy our products for your business you should contact us on the details above to discuss our business to business terms.
    3. All herdy®sleep mattresses comply to British Standard BS7177 domestic use.
    4. We are unable to supply herdy®sleep mattresses to hotels.
    5. These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings or implications whether written or oral.

2. Information we give you

    1. By law, we must give you certain key information before a legally binding contract between you and us is made (the “Contract”).
    2. The key information we give you by law forms part of this Contract (as though it is set out in full here).
    3. We reserve our right to amend these Terms from time to time. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you would like to cancel, you will have to return (at our cost) any relevant goods you have already received and we will arrange a full refund of the price you have paid.

3. Ordering goods from us

    1. Below, we set out how the Contract between you and us is made.
    2. You place an order on the Website. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. It is your responsibility to ensure your order is correct.
    3. We will not be responsible for any mistakes made to your order by you. If there is a mistake, you must notify us in writing of the correct details before the goods have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.
    4. When you place your order at the end of the online checkout process (e.g. when you click on the Buy Now button) we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
    5. We may contact you to say that we do not accept your order. This is typically for the following reasons:
      1. the goods are unavailable,
      2. we cannot authorise your payment,
      3. you are not allowed to buy the goods from us,
      4. we are not allowed to sell the goods to you,
      5. you have ordered too many goods, or
      6. there has been a mistake on the pricing or description of the goods (where permissible under applicable law).
    6. We will only accept your order when we email you to confirm this via confirmation email. At this point the Contract will be in place between you and us.

4. Delivery

    1. Our standard delivery time is 48 hours from receipt of the confirmation email, is free of charge to addresses within the UK and includes a 2 person delivery to the room of your choice.
    2. You can see your delivery options by visiting our Website page “Delivery & Returns” before you place your order.
    3. The estimated date for delivery of the goods is set out in the confirmation email. For convenience, the day before delivery, you will receive an SMS message and email confirmation message with your delivery date and time window . On the morning of delivery, you will receive a reminder message, again with the timeslot via SMS and email. In addition to this, the delivery team will call en route to: introduce themselves by name, confirm the product that is being delivered and confirm the 2 person delivery to the room of your choice.
    4. If something happens which is outside of our control, and affects the estimated date of delivery we will let you have a revised estimated date for delivery of the goods.
    5. Delivery of the goods will take place when we deliver them to the address that you gave to us during the online ordering process.
    6. Delivery will be to the room of your choice (at the discretion of the delivery team) of the property at the address. On entry to the property, we and any third party contractor may refuse to deliver to a room if it is obvious that they will cause damage in doing so (i.e. if there are paintings hung on the staircase that they are likely to knock off ). Any damage to the goods or your property or its contents as a direct result of our delivery service must be reported to us by email within three working days of the delivery taking place. If you do not report such damage to us within this time frame, then we shall not be liable to you for any such damage.
    7. The driver will not ask to see any form of ID and will not satisfy himself that the person accepting delivery is you or a person authorised by you to accept delivery of the goods.
    8. Unless you and we agree otherwise, if we cannot deliver your goods within 21 days, we will let you know, cancel your order, and give you a refund.
    9. If nobody is available to take delivery, please contact us (hello@herdysleep.com) within 12 hours of placing your order on the Website.
    10. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

5. Right to cancel this Contract and our 100 night trial

    1. You have the right to cancel this Contract within 14 days from the date of the delivery of the goods without giving any reason.  We agree to extend your legal right to cancel your order of a herdy®sleep mattress to 100 days without giving any reason.
    2. The cancellation period will expire after 100 days from the day you receive your mattress, or, in the case of any other goods, 14 days from the day you receive those goods. We reserve the right to refuse the 100 night trial to anyone associated with a mattress manufacturer/brand.
    3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory. If you use this method, we will email you to confirm we have received your cancellation.
      Cancellation form

      To herdy®sleep, HS Products Ltd, 6 Millennium Drive, Leeds, West Yorkshire, LS11 5BP or to hello@herdysleep.com:
      I [*] hereby give notice that I [*] cancel my [*] contract of sale of the following goods [*]/the supply of the following service [*],
      Ordered on [*]/received on [*],
      Name of customer,
      Address of customer
      Signature of customer (only if this form is notified on paper),
      [*] Delete as appropriate

    4. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day. If the last day of the cancellation period is a Saturday, Sunday or public holiday, the cancellation period will be extended to the next working day.

6. Effects of cancellation

    1. If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
    2. If you return your mattress within the 100 night trial and selected to have your old mattress taken away and recycled when you placed your order, the mattress will be collected free of charge but the cost of £30.00 for recycling your old mattress will be deducted from the reimbursement you receive from us.
    3. We will make the reimbursement without undue delay, and no later than:
      1. 14 days after the day we received back from you any goods supplied, or
      2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
      3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
    4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    5. If you have received goods we will collect the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Contract to us.
    6. You are responsible for packaging and passing the mattress to our third party collection company.

7. How to Pay

    1. We accept payment via credit cards, debit cards and PayPal account.  We do not accept cash or cheques.
    2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    3. Your credit card or debit card will only be charged at the time the order is made. If we cannot supply you with the goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event within 5 days.
    4. When making a payment to us, you are confirming that all details you provide to us for the purpose of purchasing any goods are correct, and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any goods, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.

8. Price of Goods

    1. The price of the goods will be as quoted on our Website at the time you submit your order. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system.
    2. Prices for our goods may change from time to time, but changes will not affect any order you have already placed.
    3. The price of any goods includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect.
    4. The price of the goods includes standard delivery but does not include any special delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
    5. It is always possible that, despite our reasonable efforts, some of the goods on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
      1. where the goods correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order; and
      2. if the goods correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

9. Nature of the goods

    1. You have certain legal rights (also known as ‘statutory rights’), for example, that the goods:
      1. are of satisfactory quality,
      2. are fit for purpose,
      3. match the description, sample or model, and
      4. are installed properly (if we install any goods).
    2. We must provide you with goods that comply with your legal rights.

10. Faulty goods

    1. Your legal rights (also known as ‘statutory rights’), are set out at the top of this Contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
      1. visit our Website: FAQ
      2. contact us hello@herdysleep.com
      3. if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06
    2. Nothing in this Contract affects your statutory rights. You may also have other rights in law.
    3. Please contact us hello@herdysleep.com, in the unlikely event that you require us to repair or replace your herdy®sleep mattress.

11. Our 10 year guarantee

    1. We will repair or replace any faulty mattress under our 10 year guarantee.  This guarantee does not affect and is in addition to your legal rights in relation to faulty goods as set out in clause 10
    2. This guarantee relates to Herdy®sleep mattresses only and not to any other goods.
    3. This guarantee may be invalidated if you have not taken reasonable care of your Herdy®sleep mattress.
    4. This guarantee does not apply to instances of normal ageing wear and tear, damage as a result of any kind of accident or abuse, or if the mattress is in a soiled or unsanitary condition.
    5. Any claim under this guarantee must be made within 30 days of discovery by you (or when you ought to have discovered) the defect.
    6. If you alter or repair the mattress without our prior written consent your mattress will not be covered by this guarantee.
    7. This guarantee may not be assigned to someone else unless you have purchased the mattress as a gift in which case you may transfer the benefit of the guarantee without asking for our consent.
    8. This guarantee is limited to mattresses used solely for non-commercial purposes.

12. Our Liability to You

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to a limit of the price paid for the goods, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
    2. We only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. Notwithstanding any other terms of these Terms, we do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.

13. Disputes

    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible.
    3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
      1. let you know that we cannot settle the dispute with you, and
      2. give you certain information required by law about our alternative dispute resolution provider.
    4. You may also use an online dispute resolution platform to resolve the dispute with us.

14. Other Important Terms

    1. These Terms shall be governed by the laws of England and the courts of England and Wales will hear any dispute between you and us in relation to this Contract. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    2. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
    3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased goods as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of the goods will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these Terms.

Herdy® and herdy®sleep is a registered trade mark and is used under licence by The Herdy Company Limited. All rights reserved 2017.