1.Placing an order means “You Accept” these terms and conditions.1.Information about us
Mattress Shop Ireland Co Ltd Vat Number IE9802780F Unit 2 Cessana Av, Airport Business Park Waterford.
2.Your status
By placing an order through our site, you warrant that:
(i) You are legally capable of entering into binding contracts [and]
(ii) You are at least 18 years old.
- How the contract is formed between you and us
3.1 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
- Consumer rights
4.1 If you are contracting as a consumer, exclusively you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in our Refunds section).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 This provision does not affect your statutory rights.
- Availability and delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
- Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Price and payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices will be shown excluding and including VAT but include delivery costs.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by bank transfer, credit or debit card. We accept payment with all major credit and debit cards. We will not charge your credit or debit card until we accept your order.
- Our liability
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement [including deliberate breaches] is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
8.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence
(b) Under section 2(3) of Liability for Defective Products Act, 1991
(c) For fraud or fraudulent misrepresentation or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable]
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause9.4.
- Import duty
9.1 If you order Products from our site for delivery outside the Republic of Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Notices
All notices given by you to us must be given to Mattress Shop Ireland Cessana av,Airport Busines Park Waterford City or Info@mattressshop.ie We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
Mattressshop.ie also has a sister site www.homefitness.ie feel free to explore that site aswell.
