What do these Terms cover?

The terms and conditions shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”) govern:

  1. your purchase and our supply of any of the goods (“Products”) listed on our website www.evemattress.co.uk (“our Site”) from time to time; and
  2. your access and use of our Site,

(collectively, the “Services”)

Why should you read these Terms?

The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us via the Site (your “Order”).

You have to confirm that you can enter the agreement outlined these Terms.

By clicking to confirm during the checkout process, you agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms. If you use the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.

Our Services are for consumers only.

We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these Terms you promise to us that you are a consumer and not acting in the course of a business.

Information about eve and our contact details

Who we are.

“eve” is the trading name of Eve Sleep plc, a company registered in England under company number 9261636.

Where we are based.

Our registered office is North Yard 2, Interchange Atrium, The Stables Market, Chalk Farm Rd, Camden, London, NW1 8AH

.

How to contact us.

You can contact us by writing to us at hello@evemattress.co.uk.

How we may contact you.

If we have to contact you we may do so by email, post or telephone to the address/phone number you provided when you went through the checkout process on our Site or that is registered on your Account.

Our contract

How our contract is formed.

Our acceptance of an Order occurs when we send you a confirmation email and give you an order number. It is at this point that a contract between you and us will come into existence – as noted above, this contract is governed and conditioned by these Terms.

Accounts

Account Creation.

Although you can go through the order process as a guest, you may choose to register for an account on our Site (“Account”). Registering for an account will allow you to benefit from increased functionality and features. If you choose to register you will have to provide certain information about yourself as prompted by the account registration form.

Accurate and up-to-date Information.

If you do create an Account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

What to do if you want to delete your Account.

You can delete your Account at any time, for any reason, by following the instructions on the Site.

You are responsible for your Account.

You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.

What to do if you become aware of, or suspect, unauthorised use of your Account.

You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.

Delivery

Delivery costs.

Standard UK delivery of all eve Products is included in the prices you see on the Site – there are no hidden costs added at checkout. You have the option for faster delivery as set out and for the price as set out at Checkout.

Where does delivery take place?

Delivery of Products takes place at the front door of the property at the address you specified for delivery. This means that if the Products are being delivered to a flat or property with a reception/concierge, delivery shall take place at the front door of this property and not at the door of the specific property within an apartment block. Provided that we deliver the Products to the address you have specified in the order (or any other address agreed by us in writing) then the Products will be deemed to have been delivered and we will not be liable to you for non‑delivery of the Products, to the fullest extent permitted by law. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you or is a person authorised by you to accept delivery of the Products.

We don’t deliver to the inside of your property.

Unless the “two man delivery” option is selected (as described below), as part of the Services, we are only agreeing to deliver Products to the front door at the address you specified for delivery. We have no obligation to deliver any Products to anywhere else. However, we may do so as a courtesy – if this is the case, please note that (as described in the “Our liability” section) we disclaim our liability for damage we may cause to the interior of your property in doing so, to the fullest extent permitted by law.

Two Man Delivery Option.

If the two man delivery option is selected at the checkout or elsewhere and paid for, delivery of the Products will take place at the front door of the property but the delivery team we will take the Products to a place beyond the front door and within the property selected for delivery. You will be responsible for ensuring the delivery team have access to where you would like the Products delivered within the property, if they do not have access to where you would like the Products delivered they will leave the Product within the property at a suitable location decided by them.

When you become responsible for the Products.

Any Products in your Order will be your responsibility from the time we deliver them to you in accordance with this section and the Terms generally.

Split shipments.

For logistical reasons, eve reserves the right to split shipments. This means that if you order multiple Products in one Order, the individual Products may be sent and arrive separately and potentially by different carriers.

When we will provide the Products.

During the order process we will give you an estimated date of delivery for the Products - this will depend on the delivery option selected. This date is an estimate only, but we will try our best to make sure we meet it. That said, if our supply of the Products is delayed, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

Collection of Products being returned

We will collect Products you wish to return at no extra cost if you follow the relevant procedures outlined in these Terms and on the Site. However, we will only do so if the Products you want us to return are eligible, either:

  1. as they are within the applicable trial period for the relevant Products (for more information see: Returns, Refunds & Exchanges); or
  2. because you are exercising your statutory cancellation rights under the Consumer Contracts Regulations 2013 in respect of the Products to be returned (for more information see: Key Legal Rights).

All Products will be collected from the front door of the property, it is your responsibility to deliver the Products back to the collection team at the front door of the property. To the fullest extent permitted by law, Eve will not be liable for any loss of damage caused by getting the Products to the front door of the property.

Price

Our prices on our UK website are in GBP and include all taxes (for example, our prices include VAT at the rate that is in force on the date you make a payment). The price that you will actually pay in respect of any Order will be the amount shown to you at the checkout page.

eve reserves the right to change the prices shown for the Products at any time.

Payment

Payment can occur by listed means only.

You can pay for your purchase by all means listed from time to time as available on the Site. The account associated with your payment method will be charged at the time the Order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an Order by any other means than those offered on the Site.

You authorise us to charge your payment card account.

By submitting an Order and providing us your payment card details at checkout, you fully authorise eve to use those payment card details to pay for your Order and that such payment means legally giving access to sufficient funds to cover all costs of the Order. eve cannot be held liable for any fraudulent use of the payment method used.

Consumer Finance.

If you select to pay via consumer finance, the consumer finance shall be provided subject to the applicable terms and conditions of that consumer finance. Please note that eve does not provide finance itself and it is provided a by a third party provider whose own terms and conditions shall govern the provision of such finance.

Late payments.

eve reserves the right to suspend or cancel any Order and / or delivery if you do not make the necessary any payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your Order. The delivery of any new Order may be suspended in case of late payment of a previous Order, notwithstanding the provisions hereof.

Payment information encryption.

For information on how we secure your payment information, please see Section D of our Privacy Policy

Store your own records.

It is up to you to save and print the certificate of payment if you wants to keep the banking details of your Order – we won’t store these for you.

Product Availability

What happens if a Product in your Order is unavailable?

In case of unavailability of one or more Products after placing the Order, we will notify you by email or telephone. The amount of the Order will be recalculated and you will be charged the new amount, which will be: your original Order value, less the value of the missing Products. If the Order is entirely unavailable, we will notify you by email or telephone and your payment card account will not be charged for that Order (or it will be refunded if it has already been charged).

We are not liable for Product unavailability.

In case of unavailability of Products before or after Order, (subject to the “Our liability” section of these Terms) eve will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.

Product Warranty

Please refer to our Products’ warranties at: https://www.evemattress.co.uk/warranty. Please note that our Products’ warranties are provided at no additional cost and are in addition to the rights given to you by the law.

Returns, Refunds & Exchanges

The following Products have a free trial period – mattresses, baby mattress, pillow and topper.

The free return period for each Product is as follows:

Mattress: 100 days

Pillow, topper, baby mattress: 30 days

Please refer to the individual product return policy for more details.

For all other Products not listed above - If you are not entirely happy with your eve purchase you have 30 days in which to return your product [unused and within its original packaging.] Please note that it may take up to 7 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.

In the event that substantial damage has been caused to the product or if the product has been used then we reserve the right to refuse a refund or exchange.

Within the UK, if you are returning a mattress during your free trial period, we arrange free collection. For all other Products you may want to return during their applicable free trial period, we will arrange a free return.

Any refund you are eligible for will be paid when the collection has been made and our quality control teams have assessed the Products for any damage.

Please note, for customers outside the UK, the 100 day trial period still applies but the free collection/return does not apply.

We reserve the right to refuse the 100 night trial to anyone not operating as a consumer or who is otherwise in breach of these Terms. The 100 day trial is intended to give you the opportunity to see if you are happy with the mattress and therefore we ask for feedback on why you have returned a mattress as part of any return. If we have grounds to believe that you are returning the mattress for reasons other than because your genuinely dissatisfied with the product we reserve the right to refuse to accept the return, not give you a refund and reserve the right to refuse to sell eve Products to you in the future, either through the Site or otherwise. Please note that this does not affect your legal rights as a consumer, which are summarised below.

Intellectual Property

Licence.

Subject to these Terms (in particular, the restrictions outlined in the following section), eve grants you a licence to use and access the Site on the basis that this licence is:

  1. not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business);
  2. non-transferable – you can’t pass this right to someone else;
  3. non-exclusive – other people can access and use the Site;
  4. revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
  5. limited – the licence does not extend beyond what has just been described above.

Restrictions.

The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site and eve’s property that is comprised in the Site. In particular, you agree that your use of the Site is subject to the following restrictions:

  1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
  2. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes;
  3. you shall not access the Site in order to build a similar or competitive website, product, or service; and
  4. except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Ownership.

You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site, any content shown on the Site, and on the Products themselves, are owned by eve or eve’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (Intellectual Property). eve and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.

Copyright/Trademark Information.

Copyright © 2017 Eve Sleep plc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Written communications

Email counts as “in writing”.

When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from eve by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Our liability

We are responsible to you only for foreseeable loss and damage caused by us.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen during the Services.

What we do not exclude.

Nothing in these Terms shall limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation;
  3. your key legal rights described below;
  4. defective products under the Consumer Protection Act 1987; or
  5. any other liability that cannot be excluded or limited by English law.

We are not liable for business losses.

We only supply the Products and the Services for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for damage to the interior of your property.

If you request that Products are taken anywhere beyond the inside of your doorstep, then this goes beyond the scope of the Services – such actions are undertaken at your own risk. Any such assistance is provided as a courtesy only and, to the fullest extent permitted by law, we shall not be liable for any damage to fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur.

We are not liable for events outside our control.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.

We are not liable where you use the Products outside their intended use.

Should you use the Products in a manner which is not their intended use or, or what would be regarded as their intended use, or in accordance with recommendations then we shall not be liable for any loss suffered. In relation to mattresses, this relates to any loss or damage suffered by not using the mattress on a bed frame.

Summary of your key legal rights

We are under a legal duty to supply products that are in conformity with the contract formed by these Terms – although we offer trials and additional warranties at no extra cost for a lot of our Products (that we feel are more generous than your basic legal rights) nothing in these terms will affect or limit such rights. If a Product does not come with a trial period or has no additional warranty, your basic legal rights will still apply to that Product.

The Consumer Rights Act 2015 says that the Products must be as described, fit for purpose and of satisfactory quality. This means that during the expected lifespan of your Product you are entitled to the following:

  1. Up to thirty days: if your goods are faulty, then you can get an immediate refund.
  2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Exercising your right to change your mind (Consumer Contracts Regulations 2013).

As you are purchasing the Products online you have a legal right to change your mind within fourteen days from delivery of the Products and receive a refund. For example, the Consumer Contracts Regulations 2013 do not entitle you to be reimbursed for the costs of returning products.

Our right to vary these terms and conditions

Small changes.

From to time to time, we may make changes to the Services or these Terms:

    to improve or enhance any feature(s) of the Services; to ensure the ongoing viability of the Services; to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.

More significant changes.

In addition, we may make certain more significant changes to the Services or these Terms, but if we do so and we consider these changes will materially or adversely affect you or your rights, we will notify you of such changes.

The timing of any significant changes.

The Terms that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless:

  1. any changes we subsequently make to these Terms or the Services have been required by law or governmental authority (in which case it will apply to orders previously placed by you); or
  2. if we have notified you of a change to the Terms that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.

Privacy and security policy

You will be required to provide certain personal information to us as a necessary prerequisite of being able to place an Order. Our policies and procedures relating to your information are outlined in our Privacy Policy,

Other Terms & Conditions

Products may vary from their pictures.

eve aims to give you the information you need to know the essential characteristics of the Products. eve agrees that the photographs of the Products on the Site should be as faithful as is possible to the actual Products themselves. However, given the digital mode of presentation, it is possible that your perception may not exactly match the relevant Product itself.

Compliance with UK Laws.

All the Products are made to comply with applicable UK laws and regulations.

Headings and Interpretation.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

We may transfer our rights under these Terms to someone else.

We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

Nobody else has any rights under these Terms.

These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these Terms illegal, the rest will continue in force.

Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

Even if we delay enforcing our rights under these Terms, we can still enforce them later.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and where you may bring legal proceedings?

These Terms are governed by English law and we both agree to submit to the non‑exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.