SleepHub® terms and conditions of sale

1.0 These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2.0 Information about us and how to contact us

2.1 Who we are. We are Cambridge Sleep Sciences Ltd (hereinafter “CSS”) a company registered in England and Wales. Our company registration number is 12401790 and our registered office is at 115b Innovation Drive, Milton, Abingdon, England, OX14 4RZ. Our registered VAT number is GB351846979.

2.2 How to contact us. You can contact us by writing to us at support@sleephub.com, or to our registered address as set out above.

2.3 How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.0 Our contract with you

3.1 Pre-orders

3.1.1 How we will confirm and when we will accept your order. We will confirm our receipt of your order request by sending you an email confirmation which shall contain all of the necessary details of your order request. Your order is not accepted by us until we confirm that your product is ready to ship. Following this acceptance, we will request payment of the remainder of your order value from you in accordance with clause 3.1.4 below.

3.1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will either: i) not take payment for the product; or ii) if you have already paid a deposit, we will refund you for the value of the deposit and will not request any further payment.

3.1.3 Your order number. We will assign an order number to your order request and will tell you what this is in your order request confirmation (per clause 3.1.1). It will help us if you can tell us the order number whenever you contact us about your order.

3.1.4 Payment for pre-orders. When you order a product through our pre-order system, payment will be taken in two parts. We will take an initial deposit of a value to be advised when we notify you of receipt of your order. When we have your product ready for shipment, we will send you an email requesting payment of the remainder of your order value. Once we have received full payment from you, there will be a contract between us and we will ship the product to you. If you do not pay the remaining balance for your order within seven days from receipt of our email requesting payment, we will cancel your order and refund you for the amount paid.

3.2 Real-time orders

3.2.1 How we will confirm and when we will accept your order. If we are in a position to accept your order, we will confirm this upon receipt of your order and payment by sending you an email to that effect.

3.2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will either: i) not take payment for the product; or ii) if you have already paid for your product, we will refund you for the value paid within 14 days of our notification to you that we are unable to accept your order.

3.2.3 Your order number. We will assign an order number to your order when we confirm to you our acceptance of your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.2.4 Payment for real-time orders. We require full payment for your order at the point of order placement. Your order will not be accepted by us until we have received payment.

4.0 Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 The software contained within the SleepHub®

4.3.1 The software, as embedded in your SleepHub® (the product) is for the purpose of operating the product, its interfaces and all data, content and functionality that comes with your product (“original product software”). We may update and/or replace it with feature enhancements, software updates, or system restore software (“product software updates”) whether in read only memory, on any other media, or in any other form. The original product software and product software updates are collectively referred to as the “product software” or “software” and are licensed, not sold, to you by us, for use only under these terms and conditions. For clarity, software includes all SleepHub® applications developed by us that run on the product, SleepHub® settings, SleepHub® related content, and other features and services we may provide. You agree that the terms of this clause 4.3 will apply to the product and to any SleepHub® applications that may be built-in to your product, unless we explicitly specify otherwise.

4.3.2 Software updates. At our discretion, we may make available future product software updates (though we are under no obligation to do so). If we do, such updates or upgrades and any related documentation shall be deemed to form part of the product(s). The product software updates, if any, may not necessarily include all existing software features or new features that we release for newer or other models of product(s). The terms of this clause 4.3 will govern any product software updates we provide, unless we explicitly state otherwise.

4.3.3 Automatic software updates. We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the product(s). These may be automatically installed without providing any additional notice. Your product will periodically check with us for updates to the product software and, if one is available, the update will automatically download and install onto your product. By using the product and/or service, you agree that we may download and install automatic product software updates onto your product(s), unless you have opted out of automatic product software updates.

5.0 Our rights to make changes

5.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) to implement minor technical adjustments and improvements.

These changes will not affect your use of the product.

6.0 Providing the products

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the products. During the order process we will let you know when we estimate that we will be able to ship your product to you.

6.3 Delivery as soon as reasonably possible. Subject to clause 6.4 below, we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (other than for pre-orders, which may take longer than thirty days, but which will be delivered as soon as reasonably possible).

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to re-arrange delivery.

6.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will end the contract and provide you with a refund of the purchase price paid

6.7 Withdrawing your order request/cancelling your order. In the event that we are unduly delayed in delivering your product (e.g. outside of the timeframe set out in clause 6.3), you may choose to withdraw or cancel your order. In order to do this, please contact our customer services at support@sleephub.com, quoting your order reference number. In the event that we have taken payment from you prior to your withdrawal/cancellation, we will refund any sums you have paid to us for the product and its delivery. If the product has been delivered to you, you may return it by following the process outlined in clause 7.3 below.

6.8 When you become responsible for the product. A product will be your responsibility from the time it is delivered to the address nominated by you.

6.9 When you own product. You own your product from the time it is delivered to the address nominated by you.

6.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes; or

(b) update the product to reflect changes in relevant laws and regulatory requirements.

6.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to withdraw your order request for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product, including any delivery charges.

7.0 Your rights to end the contract

7.1 When you can end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product purchased, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.2 Withdrawing your order request or ending the contract because of something we have done or are going to do. If you are i) withdrawing or cancelling your order/contract for a reason set out at (a) to (c) below the order/contract will cease immediately and we will refund you in full. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, including our products, you have a legal right to change your mind within 14 days and receive a refund of the price you paid and our basic delivery charge, but you will have to cover the costs of the return. Please contact us at returns@sleephub.com and we will provide instructions for the return process.

8.0 How to withdraw your order or end the contract with us (including if you have changed your mind)

8.1 Tell us you want to withdraw/end the contract. To withdraw your order request/end the contract with us, please contact us at support@sleephub.com and we will provide you with instructions.

8.2 Tell us you want to change your mind. Alternatively, if you would like to exercise your right to change your mind under the Consumer Contracts Regulations 2013, please let us know by doing one of the following:

(a) Phone or email. Please email customer services at support@sleephub.com, or write to us at our registered address at clause 2.1.Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are withdrawing your order request or ending a contract because of a reason set out in clause 7.2.

In all other circumstances (including where you are exercising your right to change your mind under the Consumer Contract Regulation 2013) you must pay the costs of return.

8.4 How we will refund you. We will refund you the price you paid for the products, including delivery costs, where applicable, by the method you used for payment. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds if you are exercising your right to change your mind. We may reduce the amount we refund you if your product is not returned in as-new condition i.e. complete with all cables/accessories, unscratched and unmarked, and in original packaging.

8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are returning your product for a reason set out in clause 7.2 or 7.3, we will refund you within 14 days of validation of your return.

9.0 Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you have placed an order with us through our pre-order service, and you do not make payment of your remaining balance to us within seven days of us requesting this payment;

(b) you do not, within a reasonable time, allow us to deliver the products to you (per clause 6.6.).

10.0 If there is a problem with the product

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email customer services at support@sleephub.com, or write to us at our registered address in clause 2.1.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

(a) Up to 30 days: if your product is faulty, then you can get an immediate refund.

(b) Up to six months: if your product can't be repaired or replaced, then you're entitled to a refund, in most cases. We will extend this period to twelve months.

For any digital content, for example, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

(a) If your digital content is faulty, you're entitled to a repair or a replacement.

(b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

These rights do not cover you if the fault arises from improper use or maintenance, accident or external causes. These rights apply only when a fault develops that was likely caused by a defect in the manufacturing process.

If you believe your device has a defect covered by these rights, please contact us using the details found at clause 2.2 above.

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must return them to us in accordance with our returns process (details of this are included with your order and at www.sleephub.com). Please email customer services at support@sleephub.com, or write to us at our registered address at clause 2.1.

11.0 Price and payment

11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order request. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 Your obligation to pay duties and taxes related to shipping. We will ship your product from the UK and therefore import duties or taxes may apply to shipments outside of the UK. Payment of any import duties or taxes relating to the shipment of an order is your responsibility. Where payment of the applicable duties and taxes is not made and the product is returned to us, we will deduct any duties, taxes or fees incurred by us from your refund. Please contact your local customs office for further information about duties and taxes.

11.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, erroneous pricing may show on occasion. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any product provided to you.

11.5 When you must pay and how you must pay. We accept payment with MasterCard, Visa, Amex, PayPal, Google Pay and such other payment methods as are listed at our checkout. You must pay for the products before we dispatch them.

12.0 Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.0 How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

14.0 Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

14.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Retail Ombudsman (see the Ombudsman’s website here). The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.