Terms of service

Please read these Terms and Conditions together with our 'Returns and Mattress Trial' and 'Mattress

Care and Guarantees' sections, which form part of these terms.

By visiting our site and/or making a purchase from us, you engage in our 'Service' and agree to be bound

by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and

conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to

all users of the site without limitation. This means we can accept your order and make a legally

enforceable agreement without further reference to you.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We

are 3 IN A SACK LIMITED trading as WARREN EVANS, a company registered in England and Wales

under number 09217395, whose registered office is at 302 Kirkdale House, Third Floor, 7 Kirkdale

Road, London, England, E11 1HP, and whose trading address is PO BOX 75257, London, NW3 9XX

with email address sleep@warrenevans.com; telephone number 020 3927 7777; (the Supplier or us

or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods or services you

agree to be bound by these Terms and Conditions. You can only purchase the Goods from the

Website if you are eligible to enter a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade,

business, craft or profession.

4. Contract means the legally binding agreement between you and us for the supply of the Goods.

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied,

as set out in the Order.

6. Durable Medium means paper or email, or any other medium that allows information to be addressed

personally to the recipient, enables the recipient to store the information in a way accessible for future

reference for a period that is long enough for the purposes of the information, and allows the

unchanged reproduction of the information being stored.

7. Goods means the goods advertised on the Website that we supply to you of the number and

description as set out in the Order.

8. Order means the Customer's Order for the Goods from the Supplier as submitted following the step-

by-step process set out on the Website.

9. Privacy Policy means the terms which set out how we will deal with confidentiality and personal

information received from you via the Website.

10. Website means our website www.warrenevans.com on which the Goods are advertised.

Goods

11. The description of the Goods is as set out on the Website. Any description is for illustrative purposes

only and there may be small discrepancies in the size and colour of the Goods supplied.

11a. All our goods are handmade to order. We have a tolerance of 1 inch -/+ on the width, length or

height on all our Goods.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that

any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability and change in specification and

looks without notice on the web pages nor visual changes to the pictures shown.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety

requirement, as well as reserve the right to amend the Goods in the spirit of continuous improvement.

Personal information

15. We retain and use all information strictly under the Privacy Policy.

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post

if you expressly agree to this. You can opt-out at any time.

Price and Payment

17. The price of the Goods, and any other charges set out on the Website at the date of the Order, if for

any reason they are incorrectly published or a mistake of any sort takes place at the point of sale, we

have the right to cancel the order and refund the money.

18. Prices and charges include VAT at the rate applicable at the time of the Order.

19. Please pay in full by submitting your credit or debit card details at the point of placing your Order.

Discount Codes and Promotions

20. We reserve the right to refuse to apply any discount code at our discretion.

21. We will not apply more than one discount per order.

22. We will not apply expired discount codes or promotions.

23. We will not apply discount codes presented after Orders that have already been placed or Orders that

have already been received by the customer.

24. Discount codes are not redeemable for cash or credit.

Basis of Sale

25. The description of the Goods in our website does not constitute a contractual offer to sell the Goods.

26. When an Order has been submitted on the Website, we can reject it for any reason, although we will

try to tell you the reason without delay.

27. A Contract will be formed for the sale of Goods ordered only when you receive an email from us

confirming the Order (Order Confirmation). Please ensure that the Order Confirmation is complete

and accurate and inform us immediately of any errors. By placing an Order, you agree to us giving

you confirmation of the Contract by means of an email with all information in it (i.e., the Order

Confirmation). You will receive an email from us with the Order Confirmation. Please let us know if

this has not arrived within a reasonable amount of time.

28. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be

made after it has been entered into unless the variation is agreed by us in writing.

29. Changes to the Contract must be agreed by all parties and must be done in writing.

30. We intend that these Terms and Conditions apply only to a Contract entered by you as a Consumer.

Delivery

31.1 Frames and mattresses are delivered by our in-house two-person delivery team. The team will

deliver to your room of choice and assemble the bed where assembly is included in the Order.

31.2 If you would prefer delivery to the front door or hallway only, tell the delivery team when they arrive.

31.3 You must tell us before purchasing if the delivery premises currently have, or have had, bedbugs

within the previous 12 months.

31.4 If the delivery team encounters or reasonably suspects bedbugs, it must leave the premises

immediately and may not re-enter while an infestation or likely infestation remains. We are not

responsible for costs, inconvenience or delay arising from a bedbug infestation or suspected

infestation at the premises.

Preparing the Property and Access Checks

32.1 Before delivery, you must clear the area where the bed or mattress will be placed and ensure there

is enough room for access, assembly and positioning. Our delivery team cannot move furniture or

other belongings within your home.

32.2 The route from the entrance to the room of choice must be clear and safe. Remove pictures, vases

and other dangerous, delicate or breakable items. We also recommend protecting floors, carpets and

walls where appropriate.

32.3 We are not responsible for damage to a product caused by inadequate access or an uncleared

route, including a mattress catching on a nail or other obstruction.

32.4 If you purchase a super king-size or small super king-size mattress, an ottoman or divan, or the

mattress is to be delivered to a loft or attic, our sales team will contact you by WhatsApp and request

an access video and relevant measurements. The video must show the route from the entrance to the

room of choice so that access risks can be identified before delivery.

32.5 Mattresses must not be squashed, folded or excessively bent. Doing so can damage the internal

structure and may invalidate the guarantee.

Delivery Dates, Windows and Contact

33.1 At approximately midday on the day before delivery, we will send an automated email confirming a

three-hour delivery window. Until that window is issued, you must remain available throughout the

scheduled delivery day. You must then be available for the full three-hour window.

33.2 The delivery team will call you when it is on its way.

33.3 Unforeseen circumstances may delay delivery or require the delivery window to be extended. The

delivery team or management will keep you updated where reasonably possible.

33.4 We are not responsible, financially or otherwise, for losses caused by a delayed delivery or

collection, or for consequential losses arising from faulty Goods, except where liability cannot legally be excluded.

Missed Deliveries

34.1 If you cannot be available for delivery, contact us immediately so that we can move the Order to the

next available delivery date.

34.2 We reserve the right to treat notice given less than 72 hours before the agreed delivery date as a

missed delivery.

34.3 If you fail, through no fault of ours, to take delivery at the agreed Delivery Location and time, this will

be treated as a missed delivery.

34.4 Following the first missed delivery, we will arrange one re-delivery without charge.

34.5 If the second delivery attempt is also missed, we reserve the right either to cancel the Order or to

impose a reasonable charge to offset the additional carbon footprint and administration costs. Any

further delivery arrangement may be conditional on payment of that charge.

Delivery Arrangements and Packaging

35.1 We may deliver an Order in instalments. We may also wait until the whole Order is ready and deliver

it together. The same principle may apply when collecting returned Goods.

35.2 If delivery fails for a reason on our side, we will arrange re-delivery as soon as reasonably possible,

subject to production lead times and the geographical delivery dates shown on our Website.

35.3 Mattresses are hygienically wrapped in recycled plastic. Unless you ask otherwise, the delivery

team will unwrap the mattress and remove the packaging.

35.4 If you open a mattress yourself, open the bag carefully from one end and retain it where possible, as

it may be suitable for reuse if the mattress is returned.

Property, Inspection and Responsibility for the Goods

36.1 Our delivery team will take reasonable care while working in your home. However, delivery into your

property is undertaken at your risk, and neither Warren Evans nor the delivery team accepts liability

for accidental or other damage to your property, except where liability cannot legally be excluded.

36.2 You must inspect the Goods while the delivery team is still at the premises. Any visible transport

damage or broken hygiene seal must be photographed, recorded and reported before the team

leaves by calling 020 3927 7777.

36.3 Once delivery has been completed, the Goods become your responsibility.

Workshop Collections and Customer-Appointed Couriers

37.1 Goods arranged for collection may be collected by you or your appointed courier after the collection

date stated on the Order. Collections are available from our Bounds Green Workshop on weekdays

between 9:00am and 4:00pm.

37.2 If you appoint a courier, you are responsible for arranging and paying for it. The courier is

responsible for the Goods in transit, and we are not liable for damage occurring after the Goods leave

our workshop.

37.3 Our Goods are not supplied flat-packed. If a courier is being used, ask us or the courier about

additional packaging. Additional packaging may incur a charge.

6 Months Free In-Home Trial

38.1 All our products are covered by our 6 Months Free In-Home Trial unless stated otherwise. The trial begins on

the date of delivery and allows you to try the product at home for up to 6 months.

38.2 During the trial, you may return the product for a full refund or exchange it for another Warren Evans

product, subject to these terms.

38.3 Collection under the trial is free only where the product is located within our current free-delivery

area.

38.4 Custom products remain eligible for the trial, but customisation charges are non-refundable because

they are incurred in creating the bespoke product.

Requesting and Arranging a Trial Return

39.1 To request a return or exchange within the first 6 months, email Customer Services at

customercare@warrenevans.com. We will contact you to discuss the available options and arrange

any collection and reimbursement.

39.2 We reserve the right to collect all products being trialled at the same time.

39.3 For a mattress collection, the delivery team will bring a protective bag, wrap the mattress and collect

it from the bed or bedroom. You do not need to move it to the front door.

39.4 If you originally collected the product from our workshop, you must return it to the workshop yourself

or arrange and pay for a courier. A return under the 6 Months Free In-Home Trial must reach the workshop

within four weeks of the date on which you notify us.

39.5 If the product is outside our free-delivery area, you are responsible for arranging and paying for its

return, including any courier costs. Our sales team may provide courier suggestions on request.

Refunds under the 6 Months Free In-Home Trial

40.1 For an accepted return, we will refund the amount paid for the returned product, less any non-

refundable or already-consumed charges. These may include customisation charges, supplementary

delivery surcharges, return or courier costs, handling or administration fees, disassembly charges and

other services already provided.

40.2 Refunds will be made using the same payment method used for the original transaction unless we

expressly agree otherwise.

40.3 We normally process a refund within five to seven working days after the returned product reaches

our warehouse. Your bank may take additional time to show the refund in your account.

40.4 In some cases, we may decide to issue a full refund without collecting or accepting the physical

return. If we do so, ownership of the product remains with you and you are responsible for keeping,

disposing of or otherwise dealing with it.

Exchanges under the 6 Months Free In-Home Trial

41.1 You may exchange the original product once or return it for a refund.

41.2 If the replacement product costs more than the original product, you must pay the difference at the

prices applying at the time of exchange. If it costs less, we will refund the difference.

41.3 The replacement product receives a new 6 Months Free In-Home Trial beginning on its delivery date. If the

replacement is unsuitable, it may be returned for a refund, but it cannot be exchanged again.

When the 6 Months Free In-Home Trial May Not Apply

42.1 We may refuse to honour the trial where the purchaser or their agent is associated with a mattress

or furniture manufacturer, retailer or brand.

42.2 We may refuse the trial where we reasonably suspect dishonesty, misrepresentation, misconduct or

other abuse of the offer.

42.3 The trial does not cover a product damaged beyond what would reasonably be expected from

normal use, including a product that is excessively stained, soiled, ripped, bent, torn or damaged

through negligence, wilful damage, misuse or neglect.

42.4 We may refuse the trial where bedbugs are present, or have recently been present, at the premises.

Trialling More Than One Mattress

43.1 If you order more than one mattress, only the mattress nominated for the first trial may be opened.

All remaining mattresses must stay unopened and hygienically sealed.

43.2 When you have decided whether to keep or return the nominated mattress, you must notify us in

writing and receive our written permission before opening the next mattress.

43.3 This process may continue for each mattress, but all sequential trials must be completed within 6

months of the original delivery date unless Customer Services agrees otherwise in writing.

43.4 If more than one mattress is opened without our written permission, only the nominated mattress will

remain eligible for return or exchange under the trial.

43.5 We may pause or end a sequential trial where we reasonably consider that opening further

mattresses would not be appropriate. We may then collect any unopened, hygienically sealed

mattresses and any nominated mattress approved for return.

43.6 Refunds will be confirmed after the returned mattresses have been received and their condition and

compliance with these terms have been assessed.

43.7 A mattress opened contrary to this procedure is not covered by the trial. You will be responsible for

any collection, re-delivery or recycling charges relating to that mattress, and these may be deducted

from any refund due.

Recycling Service

44.1 An old mattress booked for recycling may be left on the bed or in the bedroom. Our team will bag it

and collect it from the room of choice.

44.2 Bed frames and headboards must be fully dismantled and placed indoors at ground-floor level near

the exit before the delivery team arrives, unless you have paid for a disassembly and moving service.

44.3 Items left outside will not be collected. If a frame has not been dismantled or moved to ground-floor

level as required, we may charge up to £96.

44.4 The delivery team may refuse any item that is heavily soiled, wet, infested or otherwise unsafe to

touch or handle. This also applies to Warren Evans products being collected.

44.5 Recycling is provided on a like-for-like quantity basis; for example, one frame may be recycled for

each frame delivered.

44.6 Charges paid for disassembly or moving items downstairs are non-refundable once the service has

been completed.

44.7 We do not recycle sofa beds, trundle beds, adjustable beds, electric beds, other furniture or any

item containing electrical components. A wooden bunk bed may be accepted only if it has been fully

dismantled before collection.

Conformity and Guarantees

45.1 On delivery, the Goods will conform to their description and be reasonably fit for any purpose made

known to us or set out in the Contract.

45.2 Because our Goods are handmade, measurements are subject to a standard tolerance of plus or

minus one inch in width, length and height.

45.3 Our Workmanship and Materials Guarantee begins on delivery and does not reduce your legal

rights.

Guarantee Periods

46.1 All beds are guaranteed for 16 years, except ottomans and divans, which are guaranteed for two

years.

46.2 Under-bed storage boxes are guaranteed for 16 years.

46.3 All pocket-sprung mattresses are guaranteed for 10 years.

46.4 All coil-sprung mattresses are guaranteed for 5 years.

General Guarantee Exclusions

47.1 The guarantees do not cover fair wear and tear or natural ageing, including changes to fabrics,

stains, timber and paint finishes over time.

47.2 The guarantees do not cover damage caused by external factors, including bedbugs, moths, mould,

bodily fluids or unsuitable environmental conditions.

47.3 The guarantees do not cover damage beyond what would reasonably be expected from normal use,

including excessive staining, soiling, ripping, bending, tearing, mishandling, scratching or dragging.

47.4 The guarantees do not cover damage caused by negligence, wilful damage, misuse or improper

transport, assembly, disassembly or handling.

47.5 Tampering with or altering a product, whether by you or someone acting on your behalf, may

invalidate the guarantee.

Moving a Bed

48.1 Moving a bed is a two-person task. One person must stand on each side and lift the bed gently,

evenly and at the same time.

48.2 Do not lift a bed by its headboard, drag it across the floor, or tip it onto its side or end without first

lifting and turning it safely. These actions can damage the bed and invalidate the guarantee.

48.3 Before moving an ottoman bed, insert the two safety pins at the foot end to lock the slats in place.

Refer to the assembly instructions on our Website if you are unsure how to use the safety pins.

Mattress Access and Handling

49.1 Keep the mattress sealed in its protective bag until it has been placed in the bedroom.

49.2 Do not squash, fold, excessively bend or pull the mattress, including pulling it by a single handle.

This can damage the internal structure, make the mattress non-returnable and invalidate the

guarantee.

49.3 If the delivery team determines that a sealed mattress will not fit through the property, it will return

the mattress on the same day. Provided the mattress remains sealed, clean and undamaged, you are

entitled to an exchange or full refund. Where an exchange is selected, we will arrange a suitable

replacement in due course.

49.4 If you discover an access problem after delivery, contact us before attempting to force or bend the

mattress. Provided it remains sealed, clean and undamaged, you are entitled to an exchange or full

refund. A Velcro Link mattress may be offered as an alternative where appropriate.

49.5 If the mattress has been bent, soiled or otherwise damaged, it may be non-returnable and no refund

may be due.

Suitable Mattress Bases

50.1 A mattress must be supported by a flat, stable and consistently horizontal base.

50.2 Slats must be strong enough to provide consistent support, and gaps between slats must not

exceed 6.5cm for a pocket-sprung mattress.

50.3 Damage, lumpiness, dipping or sagging caused or contributed to by an unsuitable or insufficiently

supportive base is not covered by our guarantees or return policies.

Moisture, Ventilation and Mould

51.1 Our natural mattresses are designed to breathe and release heat and moisture. In humid rooms, or

where a customer perspires heavily, moisture may collect on the underside of the mattress,

particularly when it is used on a divan, ottoman or other solid base.

51.2 You must monitor the mattress and base regularly, including when turning or rotating the mattress.

Keep the room adequately ventilated and air the mattress whenever moisture is present.

51.3 Where necessary, leave the bed unmade during the day and slightly raise the mattress edges to

allow air to circulate beneath it. Continue airing until the mattress and base are fully dry.

51.4 Mould or fungal damage resulting from excessive moisture or failure to follow these care

requirements is not covered by the guarantee and may make the mattress ineligible for return.

51.5 Natural fire-retardant materials may occasionally react with organic wool and create light salt-like

patches on the mattress surface. These patches are harmless and are not considered a fault.

Handles, Tufting, Stitching and Settlement

52.1 Mattress handles are provided only to assist with positioning, rotating and turning. They must not be

used to support the full weight of the mattress. Damage caused by using the handles incorrectly is not

covered by the guarantee.

52.2 A button may occasionally detach from a tuft, a tuft may pull into the mattress, or stitching in a

quilted surface may become loose. Where this is cosmetic and does not affect comfort or

performance, it is not covered by the guarantee.

52.3 Natural settlement and minor indentations are expected because of the generous layers of filling.

Regular turning or rotating helps distribute settlement. Minor settlement is not considered a fault.

Mattress Faults and Guarantee Remedies

53.1 After the first year, we may offer credit towards a replacement mattress or a partial cash refund. The

value will be reduced pro rata according to the guarantee period and the number of years the

mattress has been used. The period of use will be rounded up to the next whole year.

53.2 For example, if a £1,000 mattress has a 10-year guarantee and is accepted as faulty during its

seventh year, the available credit or refund would normally be £300, subject to any other applicable

adjustments.

53.3 We reserve the right to inspect the mattress at your premises or at our workshop before confirming

a fault or remedy.

53.4 If credit is used towards another mattress at its standard retail price, the replacement carries either

the remaining guarantee period of the original mattress or its own guarantee period reduced by the

original period of use, whichever is shorter.

53.5 You must pay any difference between the credit and the price of the replacement. Any unused credit

is not refundable. Exchange and collection are free only where the mattress is returned and confirmed

as faulty and covered by the guarantee.

53.6 If you choose a cash refund, we may deduct the value of services originally provided free of charge,

including old-mattress recycling, together with any original out-of-area charge. We will also deduct an

£80 collection fee and a £48 recycling fee.

Mattress Care Required for the Guarantee

54.1 Failure to maintain a mattress as set out below may invalidate the guarantee.

54.2 Double-sided mattresses must be flipped and rotated after the first two weeks of use. After that, they

must be flipped seasonally and rotated every two weeks, except when they are being flipped.

54.3 Single-sided mattresses must be rotated from head to toe every two weeks.

Small Order Fee

55.1 A non-refundable administration charge of £45 applies to Orders under £500. The fee and qualifying

Order value may change over time; the amount shown and charged at the time of the Order will apply.

Natural Variation

56.1 Warren Evans products are handmade using natural materials. Natural variations that affect

appearance but not function are not considered faults.

56.2 Timber may vary in colour and grain and may contain visible knots. Knots may show through

painted finishes, and natural timber movement may occasionally produce minor squeaks or

movement noises.

56.3 Our mattress covers are made using natural Egyptian cotton that is not chemically bleached or

treated with antifungal chemicals. The fabric may therefore not be pure white and may contain minor

localised imperfections. These variations are not considered faults.

Governing Law and Complaints

57.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.

57.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the

Customer lives in Scotland, in the courts of Scotland.

Severability

58.1 In the event that any provision of these Terms 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, such determination shall

not affect the validity and enforceability of any other remaining provisions.

Privacy

59.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection

Regulation regarding your personal information.

59.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including

our Privacy Policy.

59.3 For the purposes of these Terms and Conditions:

59.3.1 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,

including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

59.3.2 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

59.3.3 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

59.4 We are a Data Controller of the Personal Data we Process in providing Goods to you.

59.5 Where you supply Personal Data to us, so we can provide Goods to you, and we Process that

Personal Data in the course of providing the Goods to you, we will comply with our obligations

imposed by the Data Protection Laws:

59.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which

information is being collected;

59.5.2 we will only Process Personal Data for the purposes identified;

59.5.3 we will respect your rights in relation to your Personal Data; and

59.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.

59.6 For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: sleep@warrenevans.com.