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Terms & Conditions

 

Slouchy.com 

The following terms and conditions govern the use of this website and outline the legal responsibilities and obligations that shall exist between you and Slouchy & Sleep Ltd (also referred hereafter as ‘we', ‘us', ‘our', ‘slouchy').

In placing an order on this website, you must have consented to – or are deemed to have read and agreed - these terms and conditions, as well as our Privacy Policy. If you have any questions, please contact us on hello@slouchy.com

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Slouchy & Sleep Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Slouchy & Sleep Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DISCLAIMER & LIMITATIONS OF LIABILITY

To the fullest extent permitted by law and save as provided above, Slouchy & Sleep Ltd shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Slouchy & Sleep Ltd or any of its members, agents, directors, employees or otherwise) for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

The entire liability of Slouchy & Sleep Ltd under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Slouchy & Sleep Ltd will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

Slouchy & Sleep Ltd may assign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these terms and conditions except with the specific permission in writing of Slouchy & Sleep Ltd.

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

COPYRIGHT & TRADEMARK

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Slouchy & Sleep Ltd or its content and technology providers or their respective owners.

The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited without express permission.

CONFORMITY OF GOODS

While we take every care to ensure that the description and specification of our products on this site are correct, they are not binding and are intended only to give a general description of the products.

Furthermore, while we try to ensure their accuracy, the colours shown on the website can vary depending on a number of factors, not least your computer screen and display settings.

PLACING AN ORDER

All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product page.

Once you have placed an order we will send you an email confirming that your order has been received, but this is not a confirmation that your offer to purchase the goods has been accepted.

A contract between you and slouchy for the sale of our products will only exist once an order has been despatched to you. A separate email will be sent to you confirming the despatch of the item(s).

If for any reason we are unable to fulfil any part of the order, we will notify you as soon as is practical and refund your card within 7 days of so doing. This does not affect your statutory rights.

Prices and availability of goods are subject to change without notice. The advertised delivery charge will be added to your order value unless otherwise stated.

The despatch dates shown on pre-order items are as accurate as we can make them and are updated regularly. However, until those items are in our warehouse, the dates are subject to change.

PAYMENT & TAXES

All prices are quoted in pounds sterling and for orders placed within the EU are inclusive of VAT. If your order is being delivered outside of the EU, VAT will not be charged but the selling price will remain the same.

We accept online payment in a secure environment by credit, debit card and other online payment methods including but not limited to PayPal.

DELIVERY

All in stock items are despatched from our warehouse as soon as possible and usually within two working days of the order being accepted.

However, the delivery period stated within which you will receive your order (and the expected delivery date) are indicative and, unless otherwise stated, not guaranteed. Goods will be sent to the address given by you in your order.

If your delivery address is outside of the EU, your order may be subject to import duties and taxes, which are levied once a shipment reaches your country. This is outside of our control and it is your responsibility to meet these charges.

Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please also note international shipments may be subject to cross-border inspections by customs authorities.

PRODUCT INFORMATION

We have made every effort to make sure we accurately display every product on our website. However, actual colours may vary depending on calibration of your monitor, and we cannot guarantee this will reflect the true likeness of product on delivery. 

We also take great care to make sure all product information, including measurements are accurate. We reserve the right to refuse orders where information has been mis-published, including pricing and promotions. 

SPECIAL OFFERS & PROMOTIONS

From time to time, we run special offers and promotions. We will publish the specific terms and conditions of each promotion, but unless otherwise stated the following will apply.

Special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of sale items, gift vouchers or multi-buy products.

If a promotion is valid only for orders over a certain amount, that amount does not include delivery or the cost of a gift box.

Promotion codes cannot be added into an order retrospectively.

FREE GIFTS: If a free gift is added to orders over a certain amount and items are returned so that the order is under the threshold amount, that gift must be returned, or it will be charged at the advertised amount.

The same is true of any promotion triggered by a spending threshold. If the items returned mean that the retained part of the order no longer qualifies for the discount, the returned items will be refunded to account for this shortfall.

FREE DELIVERY AND RETURNS: Unless otherwise stated, all free delivery and free returns promotions are limited to UK addresses. Free delivery applies to UK standard delivery only.

GIFT SETS, MULTI-BUYS AND BUNDLES: In order to receive a full refund, all items that were purchased as part of the gift set must be returned.

Due to the sheer volume of orders received during sale time, we can occasionally oversell. If that happens, we will send out everything we can immediately and will fulfil the rest as soon as we are able to do so.

RATINGS & REVIEWS

These Terms of Use govern your conduct associated with customer reviews and/or questions and answers offered by Slouchy & Sleep Ltd

By submitting any content to Slouchy & Sleep Ltd, you guarantee that:

  • You are the sole author and owner of the intellectual property rights in the content.
  • All "moral rights" that you may have in such content have been voluntarily waived by you.
  • All content that you post is accurate and over 50 characters.
  • You are at least 18 years old.
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

  • That is known by you to be false, inaccurate or misleading
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising)
  • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.
  • For which you were compensated or granted any consideration by any third party.
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Slouchy & Sleep Ltd a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Slouchy & Sleep Ltd’s sole discretion. Slouchy & Sleep reserves the right to change, condense, withhold publication, remove or delete any content on Slouchy & Sleep’s website that Slouchy & Sleep deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.

Slouchy & Sleep does not guarantee that you will have any recourse through Slouchy & Sleep to edit or delete any content you have submitted.

Ratings and written comments are generally posted within two to four business days. However, Slouchy & Sleep Ltd reserves the right to remove or to refuse to post any submission to the extent authorised by law.

You acknowledge that you, not Slouchy & Sleep Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Slouchy & Sleep, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

LAW & TERRITORY

These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.

This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

FURTHER INFORMATION

If you wish to discuss our terms and conditions in more detail, please contact us at hello@slouchy.com

OUR DETAILS

Slouchy & Sleep Ltd

6 Gay Street
Bath
Somerset
BA1 2PH

Company Registration Number: 12915424

Registered in England & Wales.