Terms & Conditions
Welcome to the Ely Mattress website. By accessing and continuing to use this website you agree in full to the terms and conditions that follow and which are governed by and construed in accordance with English law. All users of this website agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If you disagree with any of these terms and conditions please do not use this website.
General Terms & Conditions:
1. This site is owned and operated by:
Ely Mattress Ltd
152 – 160
2. Any reference to the terms “we”, “us” or “our” refers to Ely Mattress. Any reference to “you” “your” “yourself” or “the customer” refers to any user or visitors to the website
3. If you have any queries about the following terms & conditions or website content we would welcome your feedback. Please contact us at info@ElyMattress.com
4. The contents of the website are available to any user for personal reference only. You must not republish material from this website or reproduce, duplicate, copy, sell or otherwise exploit any content, information, services or images on our website for commercial purpose without our express written consent.
5. Any trademarks and other intellectual property rights used on this website are the property of their respective owners and should not be republished without the owner’s prior consent.
6. When using this website you shall not post or send to or from this website any material for which you have not obtained all necessary consents, is discriminatory, obscene, defamatory, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
7. The use of this website is at the visitor’s or user’s own personal risk. We try to ensure that this website is free from viruses but cannot guarantee that its use, or websites accessed by links herein, will not cause damage to your computer.
8. We cannot be liable for any loss or damage arising as a result of using this website and it is the user’s responsibility to ensure that any products, services or information available meets your specific needs.
9. The products sold on this website should comply with relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK
10. We do not provide any warranty (either express or implied) regarding the accuracy or completeness of information on this website. We do not guarantee the accuracy, completeness or suitability of the information or services found or offered on this website for any purpose. All such information and services may contain inaccuracies or errors whether caused by negligence, accident, quality, software performance, or any other cause. We expressly exclude liability for any damages relating to such errors or omissions, including but not limited to actual, consequential, direct, exemplary, incidental, indirect, punitive or special damages, to the fullest extent permitted by applicable law.
11. This website contains links to other external websites which do not belong to Ely Mattress. These are provided for your convenience only. We do not endorse these or other websites and we cannot be responsible for their contents.
12. Neither you nor any other third party can create a link to this website from another website or document without our prior written consent. If you create a link to our website without our prior written consent you shall fully indemnify us for any loss or damage suffered as a result of this
13. We reserve the right to change the content of the website or remove the website from service at any time and without notice and we do not commit to ensuring that the material on the website is kept up-to-date at all times. We will not be liable if this website is unavailable at any time.
14. We may revise these terms and conditions at any time and recommend you check this website regularly to ensure you are familiar with the current version
15. We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if caused by circumstances beyond our reasonable control. This does not affect your statutory rights
Orders & payment:
17. By placing an order you are agreeing to both the terms and conditions of ordering and delivery and of using our website.
18. We only sell goods on our website to the website user and they should not be resold without our prior written consent.
19. We accept card payments through our website with Mastercard, Visa & Visa Debit as well as via Paypal. We accept the same payment types in our store as well as pounds sterling.
20. Payment will be debited from your account at the point at which your order is placed and you confirm that the debit or credit card is yours.
21. Please note that Ely Mattress will not be liable for delays or non-delivery of goods if the issuer of your payment card does not pay or for any reason does not authorise payment to us.
22. We retain legal ownership of all goods until full payment has been made by you.
23. We must receive the whole payment of the price of the goods that you order before the order can be accepted and title for goods to be supplied remains with us until full payment has been received
24. Due to differing product promotions the prices displayed on our website may vary from the prices in our store.
25. All prices of goods are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering information but do not include the delivery charge which is calculated separately.
26. The price charged is that which is shown on our website at the point of dispatch. We reserve the right to alter prices at any time without prior notification.
27. All orders placed by you are subject to our acceptance which will occur only when we despatch the goods ordered to you. Our acceptance of your order brings into existence a legally binding contract between us and yourself.
28. You may correct errors on your order only up to the point you click ‘proceed to paypal’ during the order process
29. The acknowledgement confirmation sent in response to your order by email is provisional only and indicates only the receipt of your order. You will be notified by email should we not accept an order or part order and the appropriate payment will be refunded in full. The remainder of your order will be processed and delivered.
30. Should any item not be available to you for reasons beyond our reasonable control we will not be liable to you. All products are subject to availability at the time of order and can be withdrawn at any time
31. If an item that is a significant part of your order is listed as being in stock on our website at the point of order but is unavailable for dispatch you will be notified of this by email and given the choice of cancelling the order, delaying the entire order until the item is back in stock or choosing an alternative item.
32. For hamper orders we reserve the right to replace a brand of product with another of equal quality & similar price
33. We reserve the right to refuse acceptance of your order for any reason. If we refuse your order we will notify you by email and will re-credit your account within 30 days of the order or sooner. We will not be liable to offer any additional compensation.
34. Every care is taken ensure that prices and descriptions on our website are correct but in the case of any error you will be given the opportunity to cancel the order. You will be charged only for the items despatched to you
36. If you wish to cancel an order please contact us as soon as possible at info@ElyMattress.com. If we receive notice prior to dispatch we will cancel the order and refund your payment
37. If your order has already been dispatched our returns policy will apply
38. We cannot accept the cancellation of items that have been ordered in bulk and which have been ordered from our suppliers only for you
39. The Consumer Contracts Regulations 2013 shall apply when you order online but please note the exemptions under these regulations which includes perishable items, e.g. food products & beverages, tailor made or personalised items, and goods with a seal for health reasons that has been broken.
Social Media Terms and Conditions
- The promoter is: Ely Mattress Ltd 11626948 whose office is at Kemp House, 152-160 City Road, London, EV1V 2NX.
- The competition is open to residents of the United Kingdom aged 18 years or over except employees of Ely Mattress Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Route to entry for the competition and details of how to enter are via https://www.instagram.com/elymattress/ (Instagram), https://twitter.com/elymattress (Twitter), https://en-gb.facebook.com/Elymattressltd/ (Facebook).
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
- Closing date for entry will be 24th October 2019. After this date no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are as follows:
For your chance to win a FREE natural mattress worth up £1000* all you have to do is:
Like/Follow our page/account
Like and share this post
Visit our website and find a unique FACT about our Ely brand!
Tag 3 friends
One Winner across all platforms
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. The prize is as follows:
The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. One winner will be chosen by Ely Mattress Ltd at random across all social media platforms given that they have met all the above criteria.
14. The winner will be notified by email and/or DM on Twitter/Facebook/Instagram and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The promoter will notify the winner when and where the prize can be collected / delivered.
16. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18. The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].
19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20. The winner’s name will be available 1 day after closing date.
21. Entry into the competition will be deemed as acceptance of these terms and conditions.
Boxing Day 2019 Sale – Terms and Conditions
1. The Boxing Day Promotion (BOXELY19) is valid from 26th December 2019, 00:00 am GMT until 1st January 2020, 23:59 GMT.
1.2 The code (BOXELY19) will no longer be redeemable after the 1st of Jan 2020, 23:59 GMT.
3. The code (BOXELY19) is applicable on all mattresses including the Baby Ely Cot Mattress.
4. The offer of 30% off any mattress, will be applied using the code (BOXELY19) at checkout.
5. The adult mattresses when purchased with the Boxing Day Promotional Discount Code (BOXELY19) are eligible for our 30-night trial.