TERMS OF USE
IMPORTANT: Please read these Terms of Use carefully. They form a legally binding agreement between you and us. If you do not agree with these Terms of Use, please do not access or use the Website or place any orders with us through the Website or by phone.
Defined terms:
“Operator”
means Tempur Sealy International Limited, a company registered in England and Wales, whose registered number is 04698814 and its VAT number is GB 835 5999 70 and whose registered office is at Caxton Point, Printing House Lane, Hayes, Middlesex UB3 1AP, a subsidiary of Tempur Sealy International, Inc.
Local content of the Website is managed and updated by respective licensees of the Tempur Sealy Group (their details available on request).
“Website” means www.tempur.com and/or any successor website “us”, “our”, “we”
refers to the Operator
“Content” has the meaning given in section 2.1 below
1. INTRODUCTION
1.1 These Terms of Use apply to your access and use of the Website. By: clicking the “I ACCEPT” button on the Website to accept these Terms of Use and our Privacy Policy (if applicable); accessing or using the Website; and/or confirming, whether by email, post or phone, that you accept these Terms of Use and our Privacy Policy, you are agreeing to be bound by these Terms of Use and our Privacy Policy and enter into a contract with the Operator. If you do not accept these Terms of Use and/or the Privacy Policy, you should not click “I ACCEPT” or access or use the Website or place an order with us through the Website or by phone.
1.2 We may amend these Terms of Use and/or the Privacy Policy at any time in which case we will publish the amended version on the Website and will take effect from such publication. You should check the Website from time to time to review the current Terms of Use and/or the Privacy Policy.
1.3 For the purposes of these Terms of Use, all references to: “Terms of Use” means these terms of Use, as amended from time to time in accordance with Clause 1.2 above and any policies, guidelines, rules and/or other terms which we may, from time to time, post on the Website or otherwise make known to you;
1.4 In the event of a conflict between these Terms of Use and the Privacy Policy or any other policies, guidelines, rules and/or other terms of Use, these Terms of Use will prevail to the extent of such conflict.
2. LICENCE
2.1 Provided that you comply fully with these Terms of Use, we and/or our licensors grant you the right to access and view the content and information provided or made available on or through the Website, including, without limitation, text, images and videos (the “Content”), for your personal and non-commercial use only, unless agreed in writing between you and us.
2.2 You may not, without our express prior written permission, print, download, copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from or counterfeit, by any means or in any manner, any Content, or do anything else with such Content which is not expressly permitted by these Terms of Use. Without prejudice to the generality of the above, you should download and/or print and retain a current copy of these Terms of Use for your records.
2.3 All intellectual property and other proprietary rights in the Content are owned by us or our licensors. You agree and acknowledge: that you will not acquire any ownership rights in the Content; and that modification of any Content or use of any Content for any purpose not expressly permitted by these Terms of Use may breach our and others’ copyright and other proprietary rights.
2.4 Any rights not expressly granted in these Terms of Use are reserved.
2.5 We do not accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. If you transmit to us, by email or otherwise, any communication or material, you will be deemed to have granted us and our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way we deem fit, including granting sub-licences to third parties. You agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice for any reason in our discretion, including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
3.2 We reserve the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any such modification or withdrawal.
4. CONDUCT
4.1 You agree that you will not use the Website for the posting or transmission of any material of any kind which is: unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; in breach of our and/or any third party’s rights; and/or racially, ethnically or otherwise objectionable.
4.2 You agree that you will not:
4.2.1 upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files, other such similarly destructive features, or otherwise in any way damage, disable or impair the operation of the Website or our business or seek to do so; or
4.2.2 gain or attempt to gain unauthorised access, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures, to the Website, networks connected to the Website or any Content.
4.3 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 the Website.
5. CUSTOMER INFORMATION
You are responsible for the accuracy and completeness of the personal information you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information, which you can access and update using your account.
6. YOUR ACCOUNT AND PASSWORD
6.1 To access certain features of the Website and/or (if applicable) to place an order, you may be asked to register with us and create an account. To do so you will need to: create a password, give us certain personal information including your name and e-mail address and any other details (for example, your post code) that we may require as part of the registration process; and agree to our processing of your personal information, in accordance with our Privacy Policy. As noted above, if you do not agree with the terms of Use of our Privacy Policy you should not use the Website or create an account with us.
6.2 You are responsible for the security and confidentiality of the password and other log-in information for your account. You accept responsibility for all activities which occur under your account. If you have any reason to suspect that your password has become known to someone else and/or that your account has been or is likely to be used without your authorisation, you should contact us immediately. We shall not be liable for any loss or damage resulting from a failure by you to protect the password and/or other log-in information for your account.
7. LINKS TO OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use such links, you leave the Website. We have not reviewed, do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about such websites, any material on such websites, or any results that may be obtained from using such websites. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. These websites may have their own terms of Use and privacy policies which you should review before using such websites.
8. DISCLAIMER
8.1 While we endeavour to ensure that the information on the Website is accurate, complete and up to date, we do not warrant that this is or will be the case. We may, at any time without notice, make changes to the Website and/or or to the products and/or their prices described and available on the Website.
8.2 Illustrations, photographs, weights, dimensions and descriptions on the Website are intended as a general guide to our products. You acknowledge and agree that we do not promise that our products will be precisely in accordance with such guidance and without any variation at all. While we endeavour to ensure that our guidance is helpful and accurate there are many factors, such as minor changes in stock, on-going product development and even your own computer or other monitor technology that mean that actual products may vary slightly from the illustrations, photographs, weights, dimensions and/or descriptions on the Website.
9. PRICES
9.1 All product prices on the Website are inclusive of VAT. On the product pages of the Website, the product prices are exclusive of any delivery charges. Products and prices shown on the website are for information only and do not comprise a binding offer on the part of the Operator. The Operator remains free to accept (or not to accept) an offer from a customer wishing to purchase any of the products advertised. Note that the Website does not currently accept orders (it is not operated as an online store) but is an information only website.
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 manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
11. LIABILITY
11.1 Nothing in these Terms of Use excludes or limit our liability for:
11.1.1 death or personal injury caused by negligence;
11.1.2 fraud; or
11.1.3 any breach of any terms implied by sections 12 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1982, any defective products under the Consumer Protection Act 1987 and/or any other statutory or other liability which cannot be excluded under applicable law.
11.2 To the maximum extent permitted by law:
112.1 the Website and the Content are provided “as is” without any warranties of any kind;
11.2.2 the products will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use, unless otherwise agreed between you and us); and
11.2.3 we exclude all other express and implied representations, warranties, conditions and other terms relating to the Website, the Content and the products.
11.3 The aggregate liability, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way of us, our group companies and the officers, directors, employees, shareholders or agents of us or any of them, for any kind of loss or damage that may result to you or a third party in connection with these Terms of Use is limited to the greater of:
11.3.1 the amount paid by you for the product (in store, or if applicable online); and/or
11.3.2 £10.
11.4 We, our group companies and the officers, directors, employees, shareholders or agents of us or any of them will not be liable, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way in connection with these Terms of Use for:
11.4.1 any indirect, punitive or consequential loss or damages;
11.4.2 any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
11.4.3 any loss arising from your use of the Website, including, without limitation, in connection with the use, inability to use or the results of use of the Website, any websites linked to the 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 the Website or your downloading of any material from the Website or any websites linked to the Website;
11.4.4 any loss arising from failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our and/or the manufacturer’s instructions or using the products in a careless or negligent manner; and/or
11.4.5 any failure to perform any obligation owed to you under these Terms of Use, due to any event or circumstance beyond our reasonable control, including, without limitation, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
12. INVALIDITY AND WAIVER
12.1 If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected.
12.2 If you breach these Terms of Use and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms of Use.
13. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms of Use has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded.
14. TERMINATION AND SURVIVAL
14.1 This Clause 22 and Clauses 1, 2.2, 2.3, 2.4, 2.5, 3, 4, 8, 10, 11, 12, 13, 15, 16 and 17 shall survive a termination of an agreement under these Terms of Use for any reason.
15. ASSIGNMENT
We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms of Use. These Terms of Use are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
16. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with English law and any disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the English courts.
17. ENTIRE AGREEMENT
17.1 These Terms of Use, together with the Privacy Policy, set out the entire agreement relating to your use of the Website using the Website or by phone, of any product from us and supersede any and all previous agreements between you and us relating to your use of the Website and/or to the order by you of that product.
17.2 Nothing said by any sales person on our behalf should be understood as a variation of these Terms of Use and/or the Privacy Policy or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation.