The website is operated by MyPillow LTD. Within this site, the terms, “we”, “us” and “our” are referring to MyPillow LTD.
Who we are
MyPillow is the trading name of MyPillow LTD, a company registered in England under the company number 1041-36-38
What do the Terms Cover?
The terms and conditions shown on this page, together with documents and other webpages referred to on it (collectively, the “Terms”) Govern:
- Your purchase and our supply of any of the goods (“Products”) listed on our website www.mypillow.co.uk (“our site”) from time to time; and
- Your access and use of our Site, (collectively, the “Services”)
The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us Via the Site (your “Order”) You have to confirm that you can enter the agreement outlined in these Terms. By clicking to confirm during the checkout process, you agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms. If you enter the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.
How the contract is formed.
- Our offer of goods on the Internet constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our online shop.
- When purchasing goods via the online shop, the good you intend to purchase are placed in the virtual “shopping cart”. You can view and access your virtual “shopping cart” at any time and on each page of the website and can make changes to your existing “shopping cart.” Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase, you are afforded the opportunity to check, change, or cancel the purchase in its entirely. By clicking the “Buy now” button you will have offered to buy the product(s) from us.
- You may return to the internet site before placing your order by clicking on the “back” button found in the internet browser, after checking your information and / or close the internet browser to cancel the order process.
- Our acceptance of your order will take place when we email you to accept your order. At this point, a contract will come into existence between you and us.
- If we are unable to accept your offer, we will inform you and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price of description of the product(s), or because we are unable to meet a delivery deadline which you specified.
- It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’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 date is higher than the price stated to you, we will contact you for your instruction 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 recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
Prices and Shipping costs
- Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes and/ or duties (e.g. duties) be required by the buyer for payment, to the responsible customs and tax authorities.
- We will endeavour to deliver the product(s) to you within 30 days after the day on which we accept your order.
- We are not responsible for delays outside of our control. If your supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimize 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 and for any product(s) you have paid for but not received.
- In the case of the non-availability of goods a possible advance payment will be refunded without delay.
- The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.
- If you are not at the delivery address or if no one is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the products(s) from a local depot. Unless arranged with the delivery organisation with other instructions. If this is the case, this will become your responsibility.
- If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot 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 to re-arrange delivery and collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or hold you liable for any loss.
Our Services are for consumers only.
- We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these Terms, you promise to us, that you are a consumer and not acting in the course of a business.
- Terms for any commercial use will be negotiated separately.
How we may Contact you.
- If we have to contact you, we may do so by email, post or telephone to the address/phone number you provided when you went through the checkout process on our Site or that is registered on your account.
- Unfortunately, we do no accept orders from or deliver to the addresses in North America. Orders outside of the UK may experience increased delivery costs or delivery timeframes.
- Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only.
Your rights to end the contract
- Your right when you end the contract will depend on whether there is anything wrong with the product(s), how we have performed the contract and when you decide to end the contract.
- You have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel this contract within a period of 14 days after delivery of the product(s) without giving any reasons.
- To exercise your right of cancellation referred to in clause above (1), you must inform us (MyPillow LTD), Unit E, Quinn Close, Seven Stars Industrial Estate, Coventry, CV3 4LH, United Kingdom by a letter or e-mail us at firstname.lastname@example.org to cancel you contract. You can use the sample revocation form from the clause below (5) to provide your statement of cancellation but this is not required and any form of clear notice of cancellation will ab accepted. Notification of you exercise of the right of cancellation must be sent to us before the end of the 14-day cancellation period.
- Effects of cancellation:
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and not later than-
- 14 days after the day we receive back from you any goods supplied.
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement 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.
Problems with the product(s)
- We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal right in regulation to the product. Nothing is these terms will affect your 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 goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you the following: Up to 30 days: if your goods are faulty, then you can get an immediate refund. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. Up to six months: if goods do not last a reasonable length of time you may be entitled to some money back.
- If you wish to exercise your legal right to reject products you must either return them to us.
Contract language, storage of the contract text
- This contract is offered exclusively in English. The contract text (order data and general terms and conditions) if filed and stored by us. The storage is, however, only temporary and is not accessible to you. If you wish to file and store these terms and conditions you will have to do so separately.
Choice of the Law and where you may bring legal proceedings
- The terms are governed by English law and you can bring legal proceedings in respect of the product(s) in the English courts. If you live in Scotland you can bring legal action proceeding in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
Limitation of liability
- 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 the loss or damage you suffer that is a foreseeable result of our breaking this or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss and damage are foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen, for example, if you discussed it with us during the sales process.
- 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 or the negligence of our employees, agents or subcontractors: for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s).
- We are not liable for business losses. We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial, business or re-sales purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Transfer of risk
- The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.
- The warranty period is 10 years from the delivery of the goods. This does not apply to damages resulting from injury to life, body or health, which is attributable to the seller and not to gross negligence or wilful deliberate damage or misrepresentation by us.
- Only our details and the products(s) description of the product(s) are deemed as agreed upon; but no other advertising, public promises and statements by us.
- If you are not a consumer, you are obliged to examine the goods immediately and perform due diligence on quality and quantity deviations and to notify obvious defects within 7 days from receipt of the goods to us in writing. The same applies to defects you find later.
- The warranty provided under this clause will not apply where you are not acting as a consumer and have not examined the product(s) and have not notified us of any defects.
- We will fulfil the warranty in the case of defective goods at our option by repair or replacement delivery. If we fail to rectify the fault two times, you may demand a reduction or withdraw from the contract.
- In the case of subsequent improvement, the buyer shall bear the increased costs resulting from the fact that the goods have been transported to a place other than the place of performance, provided that the shipment does not correspond to the intended use of goods.
Further to the 60 day trial period, we also offer an additional 30 days for exchanges. This is to enable customers purchasing pillows to find their preferred fill and within this 90 day period, you can exchange to each available fill level once. Once this period has passed and an order is within the warranty period, we will only exchange product/s like for like, in accordance with the terms outlined in the Warranty section.
- The terms and services herein related to the MyPillow website is governed by the laws of the United Kingdom without regard to its conflict of law provisions.
- Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining section will remain in full force and effect.
Subject to these Terms (in particular, the restrictions outlined in the following section), MyPillow grants you a licence to use and access the Site on the basis that this licence is:
- Not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses and or business uses.
- Non-transferable – you can’t pass this right to someone else;
- Non-exclusive – other people can access and use the Site;
- Revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
- Limited – the licence does not extent beyond what has just been described above.
- You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, and content shown on the Site, and on the Products themselves, are owned by MyPillow and My Pillow’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any right, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (intellectual Property). MyPillow and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
- I understand that any My Pillow product is not intended to diagnose, treat, cure, or prevent any disease. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that any product purchased from My Pillow is not intended or to be used to treat any type of medical condition.
Contacting Customer Service
If you have any questions regarding refunds, billing, or future orders, please contact our customer service department: Email Address: email@example.com Phone: 0800-059-0995