Terms of Trade
Please read all of these terms and conditions.
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. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions.
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, you agree to be bound by these Terms and Conditions. By ordering any of the 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 into a contract and are at least 18 years old.
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 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;
10. Website means our website www.warrenevans.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
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.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this. You can opt-out at any time.
Price and Payment
17. The price of the Goods, any additional delivery charges and any other charges set out on the Website at the date of the Order, if for any reason they are incorrectly published 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. You must 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. 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.
26. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
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). You must 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 the Order Confirmation within a reasonable time but please let us know have not as soon as possible.
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 into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g.: by giving you rights as a business.
31. Mattress Delivery is carried out by our business partner, BJS Home Delivery, who will send you a confirmation email some days with a link to a tracking page. They will inform you (via email and/or text) of your specific 3-hour time window the day before delivery at approx. 7pm. If your delivery is on a Monday you will be informed on Saturday of your specific 3 hour time window.
BJS Home Delivery uses a skilled two-person team and deliver to your room of choice, the drivers will call you within the hour before they arrive to let you know of their estimated time of arrival and to discuss any other information, such as access etc. Sometimes the delivery window, due to unforeseen circumstances, may need to be extended as on rare occasions the drivers may be delayed. The drivers will call you if this becomes apparent.
32. Toppers and Protectors are delivered to your door by Hermes. Once the order is dispatched, a unique 16-digit tracking number will become visible in your My Account section on the website (www.warrenevans.com). You can then track the parcels progress via www.myhermes.co.ukwebsite.
These products are non-returnable unless faulty or unopened. You must let us know that you are returning faulty or unopened products via the My Account section of our website, within 14 days of delivery. When we have accepted that you are sending them back, please to send them to the address that will be provided. We do not refund or cover postage costs. No mattress toppers or protectors should be handed to BJS, because they only deliver and collect mattresses. If handed to BJS they are non-recoverable, and we cannot rectify your loss. These products must be still be hygienically wrapped and sealed, as once opened they cannot be resold for hygienic reasons and cannot be returned to us for a refund. The Deep Luxury mattress topper must not be taken out of its box (the box may be opened), even though it is hygiene sealed. If we believe that the hygiene seal on any returned product has been broken or if we find that the product is not faulty, we will return the product to you on request, at your expense. This cost must be paid in advance.
33. Hermes will attempt to deliver on the date you have chosen, but sometimes the goods may arrive a day earlier or later.
34. You are responsible for adequate packaging of all returned items. Toppers and Protectors will only be refunded if the exterior packaging you use protects the original packaging that the goods arrived in.
35. Any of our own brand mattresses that are unsealed and that we have agreed to collect for free under the 40-day trial period must be placed back in to their original double bag packaging and sealed thoroughly with tape by you (please don’t use masking tape, as it isn’t very strong. Sellotape or parcel tape is good). It is your responsibility to retain these bags during delivery, as they are required for returns. If you do not have your original packaging, we will post mattress bags to you and charge the current cost of the bags and postage. Mattresses that are not prepared in this way will not be taken by the delivery drivers and this will count as a missed collection. There is a charge of £55 for missed collections and this will be deducted from any refund. The drivers will collect the mattresses that we have agreed to take from your individual rooms, don’t do your back in trying to move them somewhere else! We ask you to keep the two bags, so that you can wrap the mattress if you choose to return it. This maintains hygiene and keeps the mattress in the best possible condition, so that we can find a new home for it (by charity donation, for example). We much prefer this to recycling a brand-new mattress.
36. We do not deliver to addresses outside of England, Wales, and Lower Scotland at this time. Feel free to enquire if you are outside these areas, as we may be able to help.
37. From time to time we may deliver the Goods in instalments. However, we 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 goods from your premises.
38. If you fail, through no fault of ours, to take delivery of the Goods at the Delivery Location on the agreed delivery date, this is considered a missed delivery, but we do not charge for this. We require 3 days’ notice to make changes to your delivery date and time. Any changes requested with less than 3 days’ notice will be considered as a missed delivery.
39. Changes to the Order, Delivery Date, Delivery Time or Delivery Location made within less than 3 days of your Delivery Date as set out on the Order Confirmation may be considered a missed delivery, but we do not charge for this.
40. If you have a missed delivery you can arrange a second delivery date. This is a Premium delivery and is charged at 15% of the cost of the mattress or mattresses you have purchased. If your second delivery is successful (and of course you may change the delivery date, providing you give us 3 days’ notice) the 15% premium delivery charge will be waived.
41. However, if you miss the second delivery without giving us 3 days’ notice of any changes, we will deduct the 15% premium delivery charge plus any Timed, Saturday and Premium non-refundable delivery fees from any refunds. All of this hassle can be avoided by letting us know if you need to make any changes as soon as possible, even if this is within the 3-day period. This helps us keep our costs down and avoid unnecessary wastage.
42. The Goods will become your responsibility upon completion of delivery. You must examine the Goods as they are delivered into each of your room/s of choice and notify us before drivers leave if they appear to have been damaged in transport or the hygiene seals have been broken, by calling 020 3927 7777 before the delivery drivers leave and any damage must be recorded on the Proof of Delivery documentation. Do not sign the Proof of Delivery until any damage has been documented.
43. All mattresses are hygienically wrapped within two bags and BJS drivers will unwrap one mattress for you and leave the packaging. If you want to return this mattress, you must reuse the packaging. If you open a mattress yourself, please open carefully from one end only, as you must use the original packaging if returning or moving your mattress.
44. We are not responsible for any damage caused to your property during delivery of our products. While we believe the delivery company will take precautions and reasonable care during the delivery, they enter your property at your own risk and liability, and we cannot be held responsible for what happens in your home. However, 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) you are liable.
45. We are not responsible financially, or otherwise, for any losses incurred as a result of a delayed delivery or collection, or any consequences incurred from faulty goods or products.
46. At times we may use different distributors. 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.
40+40 Free Home Trial
47. The 40+40 Free Home Trial allows you to try your mattress at home for a period of 40 nights and if it is not suitable, we will collect it for free. You may exchange the mattress for a different mattress from us or opt for a full refund. More than one mattress per home can be tested within the home trial and free return period. Please see refer to ‘If you are buying more than one mattress’ section below for terms.
48. Our mattresses are hygienically sealed in two bags. If the sealed bags are opened, they no longer can be considered new. They may be unwrapped for the 40+40 free home trial so that you sleep on them. We ask you to keep the two bags, so that you can wrap the mattress if you choose to return it. This maintains hygiene and keeps the mattress in the best possible condition, so that we can find a new home for it (by charity donation, for example). We much prefer this to recycling a brand-new mattress.
49. If you would like to return your mattress for a full refund within the first 40 days, please inform us through the ‘My Account’ section of the website. We will contact you to advise of the next steps in the process.
50.To return any mattress under the 40+40 free home trial, or any unopened or faulty mattresses, please see returns section for terms. We will collect all mattresses for free, in one fell swoop!
51. We will reimburse all payments received for accepted returns, except for supplementary delivery surcharges (fixed window delivery time, Saturday and premium deliveries) or fees you incurred as per our terms.
52. On some occasions we reserve the right not to collect or accept physical returns of any or all of the items that we have supplied to you. We may decide to refund your money in full for these products. You will then own the product, and you can do with it what you will.
53. Refunds will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
54. Goods covered by the 40+40 Free Home Trial will be collected free of charge any working day of the week using our standard Free Delivery arrangements. Collection must not be arranged for later than 40 days from the date you informed us about the cancellation via our website. If you would like collection to take place using any of our premium delivery methods, you will be liable to pay additional fees as per our delivery price schedule, regardless of the method used for the original delivery.
55. If you have received Goods in connection with the Contract which are faulty, we will make arrangements to replace them like for like at no cost to you. If you do not notify us within 14 days of delivery that your products are faulty, the damage will be assumed as wear and tear, and claim deemed invalid.
56. If exchanging any mattress, and the new mattress costs more, you are responsible for the difference in cost between the mattresses.
57. If exchanging a mattress, and the new mattress costs less, we will not refund the difference.
58. If returning the mattress, you are eligible for a full refund, excluding any other charges you may have incurred in addition to the initial order (including but not limited to: fixed window, Saturday and premium delivery charges, rebooking fees and additional mattress bag fees £14) as per our Terms.
59. We will collect or exchange the mattresses using our standard free weekday delivery service. If you wish to use the premium delivery options, you are responsible for any excess cost, regardless of the method used to deliver the mattress initially.
60. The 40+40 Free Home Trial is offered at our discretion and we reserve the right to refuse to honour it without prior notice under any circumstances as we see fit, including, and without limitation to:
a. where you are associated with a mattress manufacturer or brand
b. where there is evidence that the mattress is damaged beyond what is reasonably expected from normal use (e.g.: stained, ripped, torn) or which indicates that the mattress has sustained damage due to negligence, wilful damage, or neglect; or
c. where we suspect any dishonesty, misrepresentation or misconduct on your part.
Buying more than one mattress with our 40+40 trial
61. For hygiene reasons, we can’t resell a mattress once it’s been opened and/or slept on. It’s common now to order more than one product at a time to try them out to see what the best fit is, but we can’t allow you to trial more than one mattress at a time. Our products are handmade to order and to send them straight to the recyclers because we can’t resell them isn’t good for the environment and just isn’t ethical either. However, it is better for the environment to deliver more than one mattress at once, so we have a system that allows you to trial one mattress at time when you have ordered more than one.
62. If you order more than one mattress from us, the following procedure enables you to test all your mattresses within 40 days. Your 40-day multi mattress trial period is only valid under the following conditions:
a. that you specifically instruct the drivers to only unwrap the nominated mattress that you will trial first. This nominated mattress was pre-selected and agreed by you during checkout.
b. do not open all of the mattresses or any remaining mattresses before notifying us (though my account or by email) of your decision to keep or reject the current Nominated mattress on trial
c. please do not proceed to open the next mattress without our written confirmation regarding which mattress is nominated for trial next.
d. When you open the next agreed Nominated mattress, please repeat steps b and c directly above.
e. We reserve the right to terminate the trial at any stage.
f. If you or we do not choose to Nominate any further mattresses for opening, you can continue to trial the current Nominated mattress you are sleeping on until the 40th day from the date it was delivered. We want you to be sure that the mattress you are currently trialling is suitable, before you tell us whether you want to keep it or have it collected for a refund. Please inform us of this decision though My Account or by email.
g. If you or we do not nominate any further mattresses for trial, the 40-day trial on your current Nominated Mattress will continue (starting from the delivery date). Please take your time and let us know if you want to keep it or arrange a free collection. Please inform us of this via the Your Account section of the Website, and we will advise next steps.
h. If you have informed us that you want to have the mattress/es collected, you will then have a further 40 days to choose the date you want to have your mattress/es collected (just like buying a solo mattress from us).
i. We will then collect any unopened mattresses that are still hygienically sealed and any other Nominated or faulty mattresses that you have tested and are returning. Once we have received them, assessed their condition and agreed that all terms have of the contract have been followed, we will inform you of the amount to be refunded. We will deduct from this any non-refundable special delivery fees and charges.
j. This procedure repeats until you have trialled all your mattress, or 40 nights have passed since your delivery date – whichever comes first.
k. 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, which will be deducted from your refund.
63. There are some limitations to our recycling service. We do not require you to prepare the old mattress for recycling and it will be collected from your room of choice. If the mattress is heavily soiled, wet or drivers believe that there are signs of infestation or is unsafe in any way to touch or handle, it is entirely at their discretion to decide whether or not to take the mattress. If the drivers decide not to take the mattress, the recycling fee will be refunded. This restriction also applies to any products you have bought from us that we are collecting, it is entirely at the drivers’ discretion to decide if they will take the product.
Conformity and Guarantees
64. Upon delivery, the Goods will:
a. 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
b. conform to their description.
65. All of 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:
a. Protectors and Toppers do not carry a guarantee.
b. Cotton 135 and Wool 135 mattresses are covered for five (5) years.
c. Cotton 1000 is covered for seven (7) years.
d. Wool 2000 are covered for seven (8) years.
e. Organic 6000 and Organic 14000 mattresses are covered for ten (10) years.
66. Our Mattress Guarantee does not cover damage resulting from:
a. Fair wear and tear and natural aging;
b. any external factors that affect or damage the mattress (including but not limited to: bed bugs, mould, etc)
c. where there is evidence that the mattress is damaged beyond what is reasonably expected from normal use (e.g.: excessively stained, soiled, ripped, bent, torn);
d. or which indicates that the mattress has sustained damage due to negligence, wilful damage, or neglect; or improper handling during transport.
67. Due to our fillings being more sumptuous and generously layered, settlement within your mattress – minor indentations - should be expected and is perfectly normal. You can help to balance this out by regular turning and rotating of your mattress. These indentations are not a fault and not covered by the Guarantees. There is a myth that good mattresses always remain perfectly flat, in fact the best mattresses will shape themselves to your bodies and will show higher and lower areas across the mattress surface.
68. For mattress faults we aim to replace the faulty mattress with a like-for-like exchange within the first year. For each additional year the amount of the refund will be reduced on a pro-rata basis and will be put towards a cash refund or a replacement mattress form us at our discretion, example: if you buy a £1000 mattress with a 10-year guarantee. In its 7th year it’s accepted as faulty. You will receive £400 or £400 worth or credit towards the cost of another mattress from us. The new mattress guarantee carries forward the remaining length guarantee on the original mattress or its own guarantee, 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 credit will be refunded. Exchanging the mattresses is free of charge but we may reserve the right to inspect the mattress at either yours or our premises.
69. It is strongly advised that mattresses are never excessively bent, and they must never be folded for access or transport purposes. We also recommend you use mattress protectors.
70. Your mattress is held together by many tufts and buttons that run through from one side to the other. The buttons occasionally detach from the tufts and less often, the tuft may pull through into the mattress itself. Both of these issues are cosmetic and do not affect the performance or comfort of the mattress, therefore they are not covered by any of our guarantees.
71. Mattress handles are provided to assist with handling, rotation and turning of mattresses. 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 considered misuse.
72. Guarantees on mattresses are void if you do not properly maintain the mattress. You must flip your mattress after the first 2 weeks of use and then on the change of each season. Rotate the mattress every 2 weeks as your mattress will last so much longer and be so much more comfortable. For additional advice on maintenance see the website (www.warrenevans.com)
73. If you believe that your mattress is faulty and we do not agree, we may choose to use an independent, unbiased agent to assess whether or not your mattress is faulty in accordance with our terms of trade. In the event that we decide to engage an independent agent, the ir fee will be prepaid by you. The agent’s decision will be final and binding. If the agent determines that your mattress is not faulty, you will bear the cost of the assessment. If the agent finds in your favour, this fee will be refunded in full by us.
74. The above guarantees are in addition to and do not affect your statutory rights.
75. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
77. For the purposes of these Terms and Conditions:
a. '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.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
78. We are a Data Controller of the Personal Data we Process in providing Goods to you.
79. 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:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
80. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected]
Governing law, and complaints
81. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
82. 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.
83. 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.