Please read all 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. This means we can accept your order and make a legally enforceable agreement without further reference to you.
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.
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.
10. Website means our website www.warrenevans.com on which the Goods are advertised.
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.
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. 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 the Order Confirmation within a reasonable time but please let us know if you 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 by you as a Consumer.
Considering the recent uncertain times we have added safety precautions to our delivery procedures to protect both yourself and our team and we are now able to deliver and assemble again into the room of choice.
31. Frames and mattresses are delivered by our own skilled team who will deliver and assemble your frame to your room of choice. 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.
38. 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.
10 Weeks Free Trial
44. 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.
45. 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.
46. 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.
47. 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.
48. We will reimburse all payments received for accepted returns, except for 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.
49. 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.
50. Refunds will be made using the same means of payment as you used for the initial transaction.
51. Goods covered by the 10 Weeks Free Trial will be collected using our standard delivery arrangements. Collection must be arranged within the 10 weeks from the date you informed us about the cancellation.
51a. Products collected from our workshop and delivered outside our standard catchment area are not subject to a free collection. You must return the items back to our workshop at your own expense in order to be eligible for a refund.
53. If exchanging any product, and the new product costs more, you will be asked to pay for the difference.
54. If exchanging any product, the new product will be covered by a new 10 Weeks Free Trial, starting from the day it is delivered.
55. If returning the product, you are eligible for a full refund, excluding any other charges you may have incurred not invoiced by us.
57. 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:
57a. Where the purchaser or their agents are likely associated with a mattress or furniture manufacturer or retailer or brand.
57b. Where we are reasonably very confident of dishonesty, misrepresentation, or misconduct which abuses the Goodwill of this offer.
Buying more than one mattress with our 10 Weeks Free Trial
59. 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:
59a. Our website will nomniate a mattress to be tested first during checkout. The delivery team will only remove packaging from this nominated mattress upon delivery. 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 remining unopened mattresses if we beleive that openeing more would not be in your or our companys best interest.
59b. 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.
59g. 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.
59h. This procedure repeats until you have trialled all your mattress or 10 weeks have passed since your delivery date – whichever comes first.
59i. 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.
60. There are some limitations to our recycling service:
60a. We do not require you to prepare the old mattress for recycling as we will bag the mattress and and collect it from your room of choice.
60b. If the mattress is heavily soiled, wet or drivers 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. This restriction also applies to any products you have bought from us that we are collecting.
60c. 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.
60d. 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.
60e. We recycle products on a like-for-like basis based on quantity. E.g.: one (1) frame is recycled for every frame delivered.
60f. Any monies paid to us for disassembling and moving downstairs of beds cannot be refunded once we have fulfilled the service.
60g. We do not accept adjustable beds, sofa beds or any items with electrical components.
Conformity and Guarantees
61. Upon delivery, the Goods will:
61a. 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
61b. conforms to their description.
62c. there is a standard +/- 1inch tolerance on all measurements
62. 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:
62a. Frames are covered for sixteen (16) years.
62b. Cotton 135 is covered for five (5) years.
62c. Cotton 1000 and Cotton 1500 are covered for seven (7) years.
62d. Natural 2000 is covered for eight (8) years.
62e. Organic 5000 and Organic 6000 are covered for ten (10) years.
63. Our Mattress and Frame Guarantees do not cover damage resulting from:
63a. Fair wear and tear and natural aging (including fabrics, stains and paints finishes that age and react over time).
63b. Any external factors that affect or damage the mattress or frame (including but not limited to bed bugs, moths, mould, bodily fluids, etc).
63c. 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.)
63d. The mattress or frame has sustained damage due to negligence, wilful damage or improper handling during transport, assembly, or disassembly.
63e. 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.
63f. All our mattresses come in a sealed bag. Please keep the protective bag sealed and on your mattress until you have put it into your bedroom.
63x 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.
63g. Tampering with the products or any alternations carried out by the customer, or on behalf of the customer, automatically voids the warranty.
65. 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.
66. 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.
67. 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.
68. 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, 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 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 or our premises to confirm the fault.
68a. 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.
68b. 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.
69. Guarantees on mattresses are void if you do not properly maintain the mattress. 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).
Small order fee
70. There is a £45 non-refundable administration charge for all orders under £495.
74. Warren Evans products are handmade and sustainably manufactured, which may result in natural variation which only affect the aesthetic of the product and not its functionality.
74a. 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.
74b. 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.