Welcome to the DreamCloud Website
These Terms of Use (“Terms”) are a legal contract between You and DreamCloud owned and operated by Nectar Sleep Ltd (“Us” or “Our” or “We”; collectively with You, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any products (“Products”) and/or services (“Services”) We may provide for purchase through any of Our websites including but not limited to www.dreamcloudsleep.co.uk (all of which are referred to in these Terms as this “Website”). Our registered office is at 100 Avebury Boulevard, Milton Keynes, Buckinghamshire, MK9 1FH and Our VAT registration number is GB 303 8950 06
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
CHANGES.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
GENERAL USE.
We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
You must only use this Website and anything available from this Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. If You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof). We cannot guarantee the continuous, uninterrupted or error-free operability of this Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
We may change the format, features and content of this Website from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that content on the Site consisting of information of which we are the source is correct, you acknowledge that the Website may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Website is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate You visiting this Website and allow You to visit the Website without registering with Us. By using this Website, You represent, acknowledge and agree that You are at least 18 years of age.
ORDERING AND AVAILABILITY
Details of the Products and Services available to buy from us are set out in more detail on the Website.
Products and Services may be ordered by clicking on the Products and Services you wish to purchase and then following the prompts that appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Add to Cart” button on the checkout page.
After placing an order, you will receive an acknowledgment from Us that We have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy the Product(s) and Service(s) ordered. All orders are subject to acceptance by Us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the Add to Cart button, you enter into an obligation to pay for the Product(s) and Service(s). Where We accept your order, We will confirm such acceptance by sending you a confirmation that your order has been dispatched (Order Confirmation). The contract between you and Us in relation to the Product(s) and Service(s) ordered (Contract) will only be formed when We send you the Order Confirmation. After entering into the Contract, We will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) and Service(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) and Service(s) which may have been part of your order until such Product(s) and Service(s) have been confirmed in a separate Order Confirmation.
Whilst We use reasonable endeavours to carry sufficient stock, if your order includes any Product(s) not available from stock, We will contact you to ask if you would like us to substitute appropriate similar Product(s) (if any) which We may suggest or whether you would prefer to wait for the Product(s) you ordered to come into stock or to cancel your order.
Your Order Confirmation is your VAT Invoice. Please keep it safe as this is your receipt.
DELIVERY AND INSTALLATION
We will arrange for the Product(s) ordered to be delivered to and, if you so request to the room of your choice, and removal of existing mattress (for a £45 fee, one mattress collected, for each mattress delivered). Once your old mattress has been removed, it cannot be recovered and returned to you as it has been recycled. The £45 Old Mattress Removal fee is non-refundable.
If the delivery/installation address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that We may not be able to deliver there. If that is the case, we will notify you as soon as possible. Orders cannot be delivered to a PO Box or similar addresses.
Before ordering Our Product(s) you should check that its dimensions (allowing for packaging) will allow it to pass freely through the doorways, corridors and if, relevant, stairways of the delivery/installation address and, in addition, that it will actually be possible to install it in the desired position, including adequate access for the installation work to be carried out and, where necessary, an opening of at least the minimum dimensions (as indicated alongside the relevant product description).
When placing your order for Product(s) you will need to add in your contact details. These details will be used to send you tracking information, to advise you of the amended delivery timeframe if your delivery address falls outside of our 48 hour network. We will also use it if we need to clarify any of the information provided from the point your order has been placed.
You will receive a delivery confirmation email from our courier partner with the details of the delivery and a 2 hour time slot. On the date of your delivery you will receive another email with the tracking information which will enable you to track your order. Finally 30 minutes before the driver is due to arrive at your property, you will receive a call from the driver confirming their arrival.
On the day of delivery, you will need to make sure that you, or somebody authorised by you, will be present and available at the delivery address throughout the delivery and until the appointment is concluded. The courier may take a picture of the item/s in your home as proof delivery has been completed. If, for any reason, you are unable (or likely to be unable) to keep the scheduled appointment, you must contact Us, as soon as possible and, in any event, at least 24 hours in advance, on 0203 807 1401 or via email on: hello@dreamcloudsleep.co.uk. so that we can review the options in re-arranging your delivery.
If you give us less than this minimum notice, we reserve the right to charge a reasonable additional fee (which we will advise you of at the time) to cover the cost of rescheduling the appointment.
You confirm that you are authorised to permit the product(s) to be delivered to the provided address and have the necessary consent of any third party (for example, the landlord, if you are not the owner).
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you at the same time, provided full payment of all sums due in respect of the Product(s), including any delivery/installation charges, has been received.
PAYMENTS
All prices include VAT. The cost of standard delivery will be automatically added (at the cost shown) to the total amount of your order when you view your selected Products and Services in your shopping basket.
Payment for all orders must be made by credit or debit card on the “checkout” page. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
MAKING A FINANCE COMPLAINT
We endeavour to provide you with an excellent customer service however we acknowledge that, at times, we may fail to meet your expectations. Should you be dissatisfied with the provision or our failure to provide a financial service to you, you can make a complaint through any of the below channels:
What to expect from us?
We try to resolve complaints as soon as possible. Should we resolve your complaint by the close of the third business day following the day on which we receive your complaint, we will issue you with a written communication called a summary resolution communication acknowledging that you made a complaint and setting out that the complaint has been resolved and making you aware of your right to refer the complaint to the Financial Ombudsman Service should you be dissatisfied with the resolution.
Should we consider that we are not able to resolve the complaint by the close of the third business day, we will issue you with a written complaint acknowledgement within 24 hours (Mon-Fri or 48 hours Sat-Sun). Thereafter, we will investigate your complaint in order to reach a fair resolution. Please note that investigating your complaint may require us to contact you in order to obtain further information about your complaint and the allegations raised.
We endeavour to issue you with a written final response within 8 weeks of our acknowledgement.
What options do you have should you be dissatisfied with our final response?
Should you be dissatisfied with our final response, you have the right to refer your complaint to the Financial Ombudsman Service (‘FOS’). The FOS is an independent body established to settle disputes between UK-based financial companies and consumers. You are able to refer your complaint to the FOS on any of the below contact details:
It is to be noted that complaints must be referred to the FOS within six months of receiving a final response or a summary resolution communication.
You can find out more about the FOS by visiting https://www.financial-ombudsman.org.uk/.
CANCELLATIONS, RETURNS AND REFUNDS
You may cancel an order any time prior to dispatch. You may return any of Your Products for a full refund (not including at any time within 365 days after delivery of such Product), provided that Your return meets the conditions herein. Refunds will be issued in the form of the original payment. If You purchased a product using an Offer Code (as defined herein), the monetary value of the Offer Code will not be refunded or credited back if any or all products are returned.
If You wish to return any Products You purchased from Us within 365 days after You received such Products, please contact Customer Service by email at hello@dreamcloudsleep.co.uk or by telephone at 0203 807 1401 to arrange for the return. Once the Products have been returned and if such Products fulfil the terms and conditions herein, You will be refunded the entire amount paid for such Products less (i) any offer code or other discounts,
The following conditions apply to all product returns and no returns will be accepted if the products do not meet these conditions:
・You must have had your mattress for at least 30 days, which is the adjustment period.
・To return, products must be in a condition where We can donate them, with only normal wear and tear (in Our discretion).
・You must provide us with a clear photograph/s that depict the condition of the mattress you wish to return via email.
・These images must be provided to us before the 365 day trial has ended.
・We will provide you with a link to a questionnaire which must be completed in order to begin the Returns process.
・The blue Fire Safety Verification tag must still be attached to the Dreamcloud Mattress.
・Product/s must have been used only for its intended purpose.
・The maximum time limit for the Mattress to be compressed within the vacuum packaging is 90 days.
・The return request must have been made within 365 days after You took delivery of the Product.
・Our collections are undertaken by our charity partners. If they attend your property and refuse the collection of your mattress due to its condition, this decision is final and we will not accept the return and we will not refund your mattress.
・The maximum number of collection attempts we will make is 3.
・You (and anyone else at Your shipping address) may return a maximum of one (1) of each particular product per shipping address.
・Please be aware that we will only process your refund once we have received your item or our partners have confirmed receipt.
Your refund may take up to 14 days.
・For all Non-Mattress products, if you advise us you wish to return your unopened product within 14 days of arrival, we will fully refund you for the cost of that item once we have received it back
・Non-Mattress products are covered by a 2 year defect warranty. Your 2 years begins from the day of delivery.
DREAMCLOUD BED BASES
You may cancel an order for any Bed Base at any time prior to dispatch. You may return any of Your Products for a full refund (not including at any time within 2 years after delivery of such Product), provided that Your return meets the conditions herein. Refunds will be issued in the form of the original payment. If You purchased a product using an Offer Code (as defined herein), the monetary value of the Offer Code will not be refunded or credited back if any or all products are returned.
・You can return the Bed Base to us any time within 30 days of receiving the item
・In order for us to collect the unwanted/cancelled Bed Base, it must be unassembled and re-packaged into the boxes it arrived in (as best you can)
FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered to you or develops a fault and/or is defective, you may have one or more legal remedies available to you, depending on when you make Us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, has developed a fault you should inform Us within 14 days, preferably in writing, (email to:hello@dreamcloudsleep.co.uk), giving your name, address and order reference. Nothing in this section affects your legal rights.
OFFER CODES.
From time to time, We may provide offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Website, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by Us in Our sole discretion. Only valid Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honoured at checkout. Offer Codes supplied by a third party unauthorised to provide such Offer Codes by Us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in Our sole discretion. Offer Codes cannot be used towards taxes. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorised use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The monetary value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and We may decide to stop accepting any Offer Codes or stop any promotion at any time in Our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all terms and conditions of the Offer Codes will not be honoured.
DREAMCLOUD BUNDLES OFFER – TERMS & CONDITIONS
- Products ordered within the offer must be purchased within the valid offer period but can be despatched at any date permitted by the Delivery Calendar.
- This offer can be used multiple times within the offer period. The offer cannot be used in conjunction with any other offer discounts.
- If the items in your shopping basket qualify for the relevant offer, this discount will already be applied at checkout
- Products supplied in the offer are subject to availability.
- Items ordered may be shipped separately, and delivered by different couriers.
- 365 Trial only applies to the mattress.
- Non-mattress items have a 2 year warranty and 14 day return for unopened or opened and unused products.
- DreamCloud reserves the right to cancel, change or extend the offer at any given time.
- There are no cash alternatives to the offer. Promotions cannot be backdated or applied retrospectively to orders already Placed.
- If the DreamCloud Mattress is not for you and wish to return it, your refund would consist of a percentage of the total paid for your bundle (based on the specific bundle purchased).
- Offer valid from 00:01am Monday July 13th 2020 – Limited time only, while stocks last.
DREAMCLOUD FINAL SALE CONDITIONS
- We will refund you the agreed percentage of your original mattress purchase price, back to your original payment method.
- Once the refund has been processed, You will then become the owner of the DreamCloud mattress.
- Your 365 Night Trial will end and we will no longer accept a return request for this item.
- You remain covered by our Lifetime Warranty as long as the mattress has remained in your possession
PRIVACY POLICY.
We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy available at www.nectarsleep.co.uk/privacypolicy (“Privacy Policy”) which explains everything.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and We sometimes provide links on his Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.
SUBMISSIONS.
Certain areas of this Website (e.g. customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
・You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
・You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
・Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
・You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
・Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
・Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
・Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
・You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
・Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
・Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
・Your User Submission does not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
・Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
・Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
・Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
UNAUTHORISED ACTIVITIES.
To be clear, We authorise Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorised use of this Website. This is because as between You and Us, all rights in this Website remain Our property.
Unless You have written permission from Us stating otherwise, You are not authorised to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
・For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
・In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;In a manner that violates any local council, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
・To stalk, harass, or harm another individual;To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
・To interfere with or disrupt this Website or servers or networks connected to this Website;
・To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
・Attempt to gain unauthorised access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
PROPRIETARY RIGHTS.
“DreamCloud” is a trademark that belongs to Dreamcloud Holdings LLC. Other trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2020 DreamCloud LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
All intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Us or Our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by Us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
OUR LIABILITY
Nothing in these terms shall limit or exclude Our liability to you:
・for death or personal injury caused by our negligence;
・for fraudulent misrepresentation;
・for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
・under Part I of the Consumer Protection Act 1987; or
・for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall We be liable to you for any business losses , and if you are a business customer, in no event shall We be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability We do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and Us at the time your order is accepted by Us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control.
FEEDBACK.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
CONTACT US.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at by phone at or by email at hello@dreamcloudsleep.co.uk
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