MyBespokeMattress.com Terms and Conditions

1. Introduction

This website is owned and operated by My Bespoke Order Limited. By using and/or ordering goods from our website, you agree to be bound by these Terms and Conditions. If you do not agree with our Terms and Conditions, please do not use our website.

For any queries about our Terms and Conditions, please contact us at hello@mybespokemattress.com or phone us on 0121 663 6299.

2. Use of Website

2.1. You are encouraged to continually check these Terms and Conditions as you will be bound by the terms in force at the time you use the website.

2.2. While we endeavour to ensure all information is accurate and all pictures are an accurate representation of our actual products, variations in size, design or colour may occur.

2.3. You will ensure that all information you provide to us is accurate and complete in all respects, and accept responsibility for any costs that may occur as a result of inaccurate or incomplete information being provided.

2.4. We recommend you use up-to-date antivirus, firewall and security software. While we take great care to ensure our website is safe, we cannot guarantee it will be free of viruses or malicious software. We take no responsibility for loss or damage to files or computer equipment as a result of visiting our website.

3. Products and Pricing

3.1. Items, prices, availability, and descriptions may be changed at any time and without notice to ensure information is as accurate and up-to-date as possible.

3.2. VAT: Goods sold to consumers in the UK will be subject to VAT surcharge of 20%. This VAT rate is already included within the stated prices on the website.

3.3. Manufacturing Tolerances: In line with BS 1334:1996, please allow for manufacturing tolerances of up to 20mm +/- on all products. This means that the actual dimensions of the product may vary slightly from the stated dimensions, within this tolerance range.

4. Payment Terms

We accept all major credit cards, PayPal, and other payment methods supported by Shopify. All transactions are secure and encrypted. For more information on payment methods or any payment-related questions, please contact us at hello@mybespokemattress.com

5. Shipping

For information about our shipping methods, delivery times, and associated costs, please refer to our Shipping Policy.

6. Returns, Cancellations, and Refunds

6.1. For information on our returns, cancellations, and refunds process, please refer to our Returns, Cancellations, and Refunds Policy.

6.2. Our Commitment: At MyBespokeMattress.com, we are dedicated to ensuring a seamless and satisfying experience for our valued customers. If you have any queries or concerns regarding cancellations or returns, please do not hesitate to contact us. Our team is always ready to assist and provide further clarification on our policies.

6.3. Please note that our policies are in accordance with current UK law. For specific legal advice, customers should consult with a legal professional.

7. 5-Year Mattress Guarantee

7.1. Coverage: This guarantee covers defects in material and workmanship for five years from the date of purchase, provided the mattress is used for its intended purpose and placed on a suitable base. Proof of purchase is required for all claims.

7.2. Covered Defects: a) Lasting, visible indentations deeper than 33mm (3cm) caused by deterioration of the foam material, not resulting from an improper or unsupportive bed base or standard body pressure. b) Splits or cracks in the foam material that appear despite everyday use and handling. c) Any fault in the mattress cover zip assembly resulting from the manufacturing process (covered for the first year only).

7.3. Exclusions: a) An expected increase in the softness of the pressure-relieving surface that does not affect the mattress's pressure-relieving capability. b) Changes in comfort preference. c) Commercial use. d) Defects or damage caused by improper use, including cuts, tears, liquid spills, stains, soiling, and burns. e) Normal wear and tear, including natural sagging or sinking over time due to repeated use. f) Damage resulting from non-adherence to the Product Care Guide instructions. g) Improper storage of the product. h) Modifications or alterations from the original specification/design ordered.

7.4. Guarantee Terms: a) First Year: Should your mattress be defective due to faulty workmanship during the initial year, we will replace it without charge, at your discretion. b) Years 2-5: If a defect covered by this guarantee appears after the initial one (1) year and within the remaining four (4) years, we will replace the mattress, charging you a prorated amount plus delivery costs. The prorated charge will be calculated as follows: (Original purchase price ÷ Total days covered by guarantee) × Number of days owned before guarantee expiry c) Mattress Cover: The zip-off cover is guaranteed for one (1) year against faults in material or workmanship.

7.5. Claim Process: a) All complaints must be submitted via letter or email, stating the nature of the fault and supported by photographic evidence. b) The guarantee is valid only to the original purchaser of the mattress. c) Proof of purchase (invoice or receipt) is required to make a claim.

7.6. Additional Notes: a) For overseas and non-mainland UK customers, delivery/collection costs for replacement mattresses will be borne by the customer. b) This guarantee is non-transferable and does not affect your statutory rights. c) As we continually develop and update our product range, an identical replacement may not be available. In such cases, a comparable replacement product will be provided. d) MyBespokeMattress.com reserves the right to change any material used in the manufacturing process at any time. e) Replacement covers may be of a different design, colour, or material than the one originally purchased.

7.7. In the event of a defect, our sole and exclusive liability will be to provide the original purchaser with a repaired or replacement mattress or mattress cover, in accordance with the terms outlined above.

8. Intellectual Property

8.1. Our website is only available for personal or non-commercial use. Unless otherwise stated, you must assume the contents of this website are protected by international copyright law.

8.2. All trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of MyBespokeMattress.com, its affiliates, or third parties.

9. Privacy and Data Protection

For information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

10. Limitation of Liability

10.1. We will not be held responsible for any indirect or consequential loss of any kind whatsoever that may occur as a result of using our website, or buying or using any of our products. This includes but is not limited to any costs, wages, inconvenience or goodwill.

10.2. We do not in any way limit our liability for any matter it would be illegal to exclude our liability for.

10.3. We reserve the right to hold buyers responsible for any loss or costs we suffer or incur as a result of you not complying with these Terms and Conditions.

11. Product Suitability and Continuity

11.1. The responsibility is on the customer to ensure the selected product will be suitable for their individual needs. This includes, but is not limited to, the construction of the chosen item, densities of any foam used, firmness rating, overall weight of the item, suitability to the intended application, suitability to the individual using the item, allergy requirements, and final dimensions including total depth and any manufacturing tolerances.

11.2. While we can provide advice and information, perceptions of both comfort and firmness levels are subjective. All information is provided as a guide only. MyBespokeMattress.com cannot make a final buying decision for any customer and as such the responsibility for any final buying decision falls upon the customer.

11.3. We continuously strive to improve and update our product range. There may be instances where products bearing the same name or specification may differ in appearance or feel due to varying batches of raw materials. We cannot guarantee continuity between any two individual products and reserve the right to change any material used in the manufacturing process at any given time.

11.4. By default, all of our mattresses and foam-based products are made compliant with British Standard BS7177 and pass BS EN 5971 & BS EN 5972, which makes them suitable for domestic use (low hazard applications). If a higher level of retardancy is required by law for the product's intended use, it is your responsibility to inform us which level of compliance is required so we can manufacture accordingly. If in doubt, please check with your fire safety officer.

12. Overseas Customers

While we gladly consider requests for products and inquiries from outside the United Kingdom, we offer no warranty, express or implied, that the use of our website or the placement of any order through our website from outside the UK complies with any applicable non-UK laws or regulations. Any customs or import duties levied once the package reaches your destination country will be your responsibility.

13. General

13.1. If any part of these Terms and Conditions is deemed illegal, invalid, or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions will continue in full force and effect.

13.2. Failure by MyBespokeMattress.com to enforce a right does not result in a waiver of such right.

13.3. You may not assign or transfer your rights under these Terms and Conditions.

14. Governing Law and Jurisdiction

You and MyBespokeMattress.com agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts. However, if you are a resident in another part of the United Kingdom, the applicable law of that part of the United Kingdom will apply, and any dispute will be brought before the courts there.

15. Changes to Terms and Conditions

We reserve the right to make changes to these Terms and Conditions at any time. Your continued use of our website following any changes indicates your acceptance of the new Terms and Conditions.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Email: hello@mybespokemattress.com
Phone: 0121 663 6299

Last updated: 20/08/2024