Use of the Silksleep.com is subject to the general terms and conditions of use which, unless stated otherwise, also apply to use of the online shop. Additionally, online shopping with Silksleep.com is subject to the following terms of purchase which contain important information about ordering products, payment and delivery. Silksleep.com reserves the right to modify these terms from time to time.
Silksleep.com (Yavi Online Ltd)
Terms and Conditions for Use and Sales (Last updated 27/01/2016)
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Contracts Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 days of the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing. As we do not record our calls, a telephone conversation is not a valid cancellation.
7.3 No right of cancellation, refund or return will exist under the Consumer Contracts Regulations once you have removed the product from its original package, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped can only be returned if they are defective once this has been removed.
7.5 No right of cancellation exists for personalised goods, goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
7.6 Please observe the following procedure for all returns:
7.6.1 Contact us in writing within 14 days stating your reason for return, your order number and contact details. If you are returning your product because it is defective, please state the defect or defects.
7.6.2 One of our representatives will contact you within 48 hours to advise you of the procedure to return the goods. Please do not send any goods back until you have been contacted by us as we will not refund any postage expenses unless they have been previously agreed in writing. Generally, we may arrange the collection of the goods from you except for small items, when this is the case, please note that we can not choose a timeslot with the courier for the collection of the goods and that we will only cover one attempt to collect the goods, if the goods are not ready when the collection is agreed and for that reason the courier can not collect the goods, Silksleep will not cover the additional costs of rearranging the collection.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. We will be unable to issue a refund where the product is in an incomplete state.
7.7 If the product has been opened, used, or if the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.09 We will not issue refunds for any items lost or stolen in transit to us.
7.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the item.
7.11 Subject to the above, we will refund the purchase price of a returned product within 14 days of receiving the the product.
8. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
9. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
10.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
10.2 This licence allows you to download and cache (using your browser) individual pages from our website.
10.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
10.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
10.5 Our website cannot be placed within the frame-set of another site.
10.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
10.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
11.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
12. User Generated Content
12.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
12.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
12.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
12.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
12.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
12.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
12.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
13. Limitations and Exclusions of Liability
13.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
13.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
13.3 All indirect, consequential or special losses or damage are all excluded.
13.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
13.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
13.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
13.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
13.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
19. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
20. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
21. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows:
Yavi Online Ltd
Bilton Industrial Estate
Company registration number: 08007941
VAT registration number: GB 132 7193 26
This policy was last updated on 11/08/2011
1. Data Protection Act 1998
We comply with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
2. Our Services
We only hold the data necessary to offer services provided on our website.
3. Data Protection Register
Data is only used for the purposes described in our entry on the Data Protection Register.
4. Required Period
We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files.
5. Data Storage
For administrative reasons data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area).
6. Email Updates
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
7. Our Promise
We never sell, rent or exchange mailing lists.
8. Data Shared With Partners
We may however share commercial and technical data with our partners where a customer has accessed and used our website via a site belonging to one of our partners. However, such information will also be subject to our partners' privacy policies.
9. Email Options
If you subscribe to our email service via a partner site, that partner may wish to send you details via email of other products and services, which may be of interest to you. However when you subscribe directly to our email service you will be asked whether or not you wish to receive such emails.
10. Partner Privacy Policies
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
12. Product Updates
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
13. Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with "unsubscribe" as the email subject heading.
15. Contact Us
This is what sleep should be like!
Mrs Amy Fisher
Just had our first night's sleep on the Topper. Fantastic. Thanks for a great product and great service.