Terms - Conditions - Guarantees

Please read all these terms and conditions.

Please read our 'Returns and mattress trial' section and our 'Mattress care and guarantees' section as they apply to this 'terms - conditions -  guarantees' section

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 107 Bell Street, London, NW1 6TL, and whose trading address is PO BOX 75257, London, NW3 9XX with email address [email protected]; 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. Frames and mattresses are delivered by our own skilled team who will deliver and assemble your frame to your room of choice.

32. You will receive an email before delivery with a 3-hour time window. On the day of delivery our drivers will call you within the hour before they arrive. Sometimes the delivery window, due to unforeseen circumstances, may need to be extended as on rare occasions the drivers may be delayed. In this instance, the drivers will call you when possible.

33. From time to time we may deliver the Goods in instalments. However, we must reserve the right to not deliver individual parts of orders, but rather to wait to deliver the whole order at once. The same applies for collecting any return goods from your premises.

34. All mattresses are hygienically wrapped in recycled plastic bags and our drivers will unwrap our mattresses for you and remove the packaging. If you open a mattress yourself, please open carefully from one end only, as you may be able to reuse the same bag in case of returning the item as part of our trial to reduce our carbon footprint.

35. We are not responsible for any damage caused to your property during or after delivery of our products. Our delivery drivers always take precautions and reasonable care during the delivery, but they enter your property at your own risk and liability, and we cannot be held responsible for what happens in your home. Please do ensure there is adequate access for your goods and that the path is clear for the delivery team to carry out their work safely. We recommend covering any carpets, floors, or walls, and removing any hanging pictures or other fragile items. If the product is ripped or otherwise damaged (for example, catching on a nail and tearing) we cannot be presumed liable.

36. We are not responsible financially or otherwise for any losses incurred because of a delayed delivery or collection, or any consequences incurred from faulty goods or products.

37. We reserve the right to use a different distributor and to change the terms and particulars of our delivery services and any of these terms of trade without notice.

38. If you use a courier to collect items from us, they are responsible for the goods in transit. We can't be held liable for damage that occured after the items left our workshop. 

39. Our goods are not flatpacked due to our commitment to sustainability. If you are using a courier, enquire with us, or the courier, for additioanal packaging which may be added for an additioanal cost.

10 Weeks Free Trial

40. All our products are covered by our 10 Weeks Free Trial which allows you to try them at home and, if it is not suitable, we will collect them for free. You may exchange the product for a different product from us or opt for a full refund. More than one product per home can be tested under certain conditions. Please refer to our 'If you are buying more than one mattress' section below for the terms.

41. Our mattresses are hygienically sealed in a bag. If the sealed bag is opened, they no longer can be considered new. They may be unwrapped for the 10 Week Free Trial so that you sleep on them without the cover. Refer to section below for trialling multiple mattresses.

42. If you would like to return your product for a full refund by invoking the 10 Weeks Free Trial, please inform us in writing/email. We will contact you to advise of the next steps in the process.

43. We reserve the right to collect all products being trialled at the same time to help reduce our carbon footprint. Refer to our delivery section for additional guidance.

44. We will reimburse all payments received for accepted returns, except for any fees you incurred returning the products to us or supplementary handling fees, admin fees, disassembly fees, or any other fees you incurred as per our terms for services rendered, thus considered consumed upon delivery. 

45. On some occasions we reserve the right not to collect or accept physical returns of any or all the items that we have supplied to you. We may decide to refund your money in full for these products.

46. Refunds will be made using the same means of payment as you used for the initial transaction.

47. Goods covered by the 10 Weeks Free Trial will be collected using our standard delivery arrangements (provided we delivered them to that address). Goods to be returned under the free trial  arrangements must be arranged within 3 weeks from the date you informed us. If we come more than twice at the arranged times and you are not available to have the mattress or bed taken away, charges will be applied.

47a. Products collected from our workshop that you wish to return under the 10 week trial or guarantee must be returned to our workshop at your own expense in order to be eligible for a refund. In the case of a 10 week trial return, that must take place within four weeks of your reporting it to us.

48. If exchanging any product, and the new product costs more, you will be asked to pay for the difference. 

49. If exchanging any product, the new product will be covered by a new 10 Weeks Free Trial, starting from the day it is delivered.

49a. Once you exchange your product, you are eligible to a new trial and you can return the new item for a refund but not necessarily exchange it again. 

50. If returning the product, you are eligible for a full refund, excluding any other charges you may have incurred not invoiced by us.

51. The 10 Weeks Free Trial is offered with the reservation that we have the right to refuse to honour it without prior notice as we see fit, including, and not limited to:

51a. Where the purchaser or their agents are likely associated with a mattress or furniture manufacturer or retailer or brand.

51b. Where we are reasonably very confident of dishonesty, misrepresentation, or misconduct which abuses the goodwill of this offer.

51c. When bedbugs are in or have been within the recent past in customers premises. 

52. Custom products are eligible for the trial but we will retain and not refund the customisation charges. They are considered spent on creation of the bespoke item.

Buying more than one mattress with our 10 Weeks Free Trial 

53. If you order more than one mattress from us, the following procedure enables you to test all your mattresses within 10 weeks in following manner:

53a. Our website will nominate a mattress to be tested first during checkout. You will then trial this item and must notify us in writing once you have either accepted or declined to keep the product. We will give written permission to open the next product. We reserve the right to stop your trial and collect the remaining unopened mattresses if we believe that opening more would not be in your or our company's best interest.

53b. All items opened without our permission in writing are not subject to the trial and as such not eligible for a return or refund. Only the nominated item would then be covered.

53c. We reserve the right to terminate the trial at any stage. In such an eventuality, we will then collect any unopened mattresses that are still hygienically sealed and any other nominated mattresses that you have tested and are returning. Once we have received them, assessed their condition, and agreed that all terms of the contract have been followed, we will inform you of the amount to be refunded.

53d. This procedure repeats until you have trialled all your mattresses or 10 weeks have passed since your delivery date – whichever comes first.

53e. If you return a mattress to us that has been opened not in line with our terms (therefore not in its original sealed condition), it is not covered by the trial and you will be liable for collection and re-delivery or recycling charges for this incorrectly returned product, which will be deducted from your refund accordingly. 

Recycling

54. There are some limitations to our recycling service:

54a. We do not require you to prepare the old mattress for recycling as we will bag the mattress and collect it from your room of choice.

54b. If the mattress/ frame is heavily soiled, wet or our delivery team believe that there are signs of infestation or it is unsafe in any way to touch or handle, it is entirely at their discretion to decide whether to take the mattress/ frame. This restriction also applies to any products you have bought from us that we are collecting.

54c. All bed frames and headboards need to be disassembled and placed indoors at ground floor level near the exit ahead of the delivery teams arrival. Any items left outside will not be taken.

54d. If the frame is not taken apart, and/or not moved down to ground level before the teams arrival we will levy a charge of up to £96.

54e. We recycle products on a like-for-like basis based on quantity. E.g.: one (1) frame is recycled for every frame delivered.

54f. Any monies paid to us for disassembling and moving downstairs of beds cannot be refunded once we have fulfilled the service. 

54g. We do not accept adjustable beds, sofa beds or any items with electrical components. 

Conformity and Guarantees

55. Upon delivery, the Goods will:

55a. be reasonably fit for any particular purpose for which you buy the Goods and be fit for any purpose held out by us or set out in the Contract; and

55b. conforms to their description.

55c. there is a standard +/- 1inch tolerance on all measurements

56. Our Goods are covered by a Workmanship and Materials Guarantee. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights. Our Goods are covered for the following durations:

56a. Bed frames and under bed storage boxes are covered for sixteen (16) years. Ottomans and Divans are covered for one (2) years. 

56b. Organic 135 / 125 coil sprung Mattresses are covered for five (5) years.

56c. Organic 1000, 1200, 1500, 2000,3000, 4000 5000 and 6000 pocket sprung Mattresses are covered for ten (10) years.

57. Our Mattress and Frame Guarantees do not cover damage resulting from:

57a. Fair wear and tear and natural aging (including fabrics, stains and paint finishes that age and react over time).

57b. Any external factors that affect or damage the mattress or frame (including but not limited to bed bugs, moths, mould, bodily fluids, etc).

57c. Where there is evidence that the mattress or frame is damaged beyond what is reasonably expected from normal use (e.g.: excessively stained, soiled, ripped, bent, torn, mishandled, scratched, dragged across the floor, etc.)

57d. The mattress or frame has sustained damage due to negligence, wilful damage or improper handling during transport, assembly, or disassembly.

57e. Please refrain from moving your bed by lifting it from the headboard. Avoid dragging the bed across the room or tipping it onto its side or end without first lifting it, rotating it, and then setting it back down properly. To relocate any of our bed models, we recommend lifting them by the slats located on both sides. It's important to note that moving our beds is a two-person task and should not be attempted without referring to the accompanying assembly guide. Failure to adhere to these guidelines could result in damage and may void any existing warranties on our beds.

57f. All our mattresses come in sealed bags. Please keep the protective bag sealed and on your mattress until you have put it into your bedroom.

57g. If you are struggling to fit your mattress into your home (stairs can be hard work as can tight turns and doorways), please do not excessively bend the mattresses. Bending, folding or pulling our mattresses excessively could cause damage and will inavlidate your guarnatee. Speak to our team to understand your options if you think access is an issue.

57h. Tampering with the products or any alternations carried out by the customer, or on behalf of the customer, automatically voids the warranty.

57i. Weak slats that do not give consistent flat, horizontal support to the mattress consistently whether it has weight on it or not weight - are inappropriate as they can affect the mattress 'feel' and it's ability to perform appropriately as designed. Equally, gaps that are too large in between slates  i.e. larger than 6.5cm, will inadequately support pocket sprung mattresses.  In the cases above, mattresses that are damaged or become uncomfortably inconsistent in feel, i.e lumpy, dipping or sagging, cannot be returned or exchanged under our usual guarantees or return policies as their integrity may well have been compromised. Unfortunately, many inappropriate bed bases are being sold and sadly, one can't expect a mattress to work satisfactorily if the base is too unsupportive.

57j. Our mattresses breathe very well, which means that if you perspire heavily or if there is a lot of humidity in the room, the mattress will dissipate the humidity to the outside surfaces, in particular to the underneath of the mattress.  If the dissipation is large and creates excessive moisture on the bottom face of the mattress, this requires that the mattress is aired out regularly by you so it's kept dry.  Mattresses that are on slated bases receive the 'airiing out' from the largest open surface (underneath) via the gaps in-between each of the slats which allows the air to circulate against much of the lower surface of the mattress, drying it out on most occasions, without any actions taken. However, mattresses placed on divans, ottomans and occasionally slatted bases; if they are subject to large amounts of perspiration or humidity in the bedroom from a lack of air movement within the room, can build up excess moisture between the surfaces of the bedframe and the bottom of the mattress cover which, could create unpleasant and inappropriate conditions in which mould or fungus can flourish.  Please keep an eye on the condition of your mattress as you turn it regularly in normal use (every two weeks or so), so that if poor conditions prevail, you will take the following action whenever necessary: Turn (in the case of a double sided mattress) or rotate the mattress regularly and leave the bed unmade for the day, possibly slightly propped up with a couple of books under the edges to allow air to flow past the bottom of the mattresses surface, so it can fully air out before being slept on again in the evening. Rarely are there conditions that require such extra special treatment.  Divans and Ottomans often have solid bases for the mattress to sit on, and their mattress facing surfaces are worth monitoring and will require the above actions to be taken regularly if they're found to be moist. If we sold mattress that didn't breathe well, the quality of your sleep would be deeply affected in a negative way.  Most of the foam and rubber mattresses on the market, if not all of them, do not allow people to sleep in a homeostasic appropriate environment where they can cool down and moisture can leave the mattress allowing heat to be dissipated. A trade off worth having in our opinion is a mattress that needs caring for and delivers much better deep sleep! Other brands of mattresses with virtually no exception as to where they have made or how they are made, use antifungal and anti mould chemicals impregnated into their mattress covers with bleach. They do this so that the mattress will always appear clean and fresh but the chemicals are toxic and release dangerous off-gases. We choose to offer health above a mattress being beautiful to look at! Natural fire retardants are necessary by law, so the ones that we use are harmless but occasionally they react with the organic wool, creating slight 'salt patches' on the mattress surface. These are harmless and much better for humans to be close to that toxic chemicals. We are unable to accept return mattresses that have been allowed to fall into disrepair with the presence of mould/fungas as the mattress has not been cared for in the ways prescribed above, and rarely do any problems of this nature arise.. 

58. Mattress handles, where provided, are to assist with handling, rotation and turning of the mattress. Please do not use the handles to support the full weight of the mattress. Your guarantee does not cover the handles becoming detached or tearing the mattress as this is usually caused by misuse.

59. Some of our mattresses have buttons and occasionally the button detaches from the tufts and, less often, the tuft may pull through into the mattress itself. Both issues are cosmetic and do not affect the performance or comfort of the mattress and are not covered by guarantee. The same applies to stitching in the quilted surface of the face of the single sided mattresses if sections become unravelled or 'pulled through' it is of little effect on the quality of the overall performance of the mattress.. Due to our fillings being more sumptuous and generously layered, settlement within your mattress – minor indentations – should be expected. You can help to balance this out by regular turning and rotating of your mattress. These indentations are not considered a fault.

61. For mattress faults we aim to replace the faulty mattress with a like-for-like exchange within the first year. After the first year, we aim to offer credit towards a replacement or partial refund where the total amount paid is depreciated by the number of years already in use. Effectively after each year of use, rounded to up to the amount of the credit/refund will be reduced on a pro-rata basis and will be put towards a replacement mattress or cash refund, at our final discretion. For example, assuming no other adjustments, if you buy a £1000 mattress with a 10-year guarantee and in its 7th year of life and it is accepted as faulty, you will receive £300 worth or credit. We reserve the right to a final inspection of the mattress at either your premises, or our factory, to confirm the fault.

61a. If you nominate that it should go towards the standard retail cost of another mattress from us, the replacement mattress (of your choice) guarantee carries forward the remaining length of guarantee on the original mattress or its own guarantee period minus the existing 'used period' of time, whichever is the lesser. Any difference in value between your credit and the cost of the new mattress must be paid by you and no unused credit will be refunded. Exchanging the mattresses is free of charge only when a mattress is returned and confirmed as faulty and covered under the guarantee.

61b. If you opt for a cash refund we will debit any otherwise free service charges you benefitted from when making the original purchase, eg.: recyling of old mattress, from the refund. We will debit any out of area charges applicable on your original purchase. We will also deduct a flat collection fee of £80 and recycling fee of £48, from the cash refund.

62. Guarantees on mattresses are void if you do not properly maintain the mattress:

62a. Double sided mattresses: You must flip (like a pancake) and rotate (head to toe) your mattress after the first 2 weeks of use. After that flip the mattress seasonally, and rotate every 2 weeks (bar when you were flipping your mattress).

62b. Single sided mattresses: You must rotate (head to toe) your mattress after every 2 weeks of use.

Small order fee

63. There is a £45 non-refundable administration charge for all orders under £499. This fee and the sale amount that it is related to will vary with time and not necessarily change in these terms.

Natural variation

64. Warren Evans products are handmade and sustainably manufactured, which may result in natural variation that only affects the aesthetic of the product but not its functionality.

64a. Wood variations can slightly affect the colour of the products (such as knots which may be visible) and one should expect this to make the wood look darker or lighter in certain areas. Sometimes the wood will show knots through paint work or develop little squeaks or slight clunks in the night: this is true almost every bed in the world! 

64b. Natural variation can also be visible on the covers of our mattresses using 100% natural Egyptian cotton that is not chemically treated, and sometimes leaves minor imperfections visible as a result. They are not pure white because we don't use bleach and toxic antifungal chemicals to process them. Being a sustainable brand we don't discard large quantities of fabric due to these localised and minor imperfections.