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Emma Mattress Terms and Conditions
1. Application of these Terms and Conditions
1.1 These are the terms and conditions which apply when we supply product(s) to you. The contract is with Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, established in Germany with commercial register entry: Amtsgericht Frankfurt HRA 103278 (hereafter referred to as ‘us’).
1.2 These terms and conditions apply to all orders placed via our Internet shop https://www.emma-mattress.ie by you acting as a consumer. ‘Consumer’ means a person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (as defined in Section 2(3) Consumer Rights Act 2015). Where you place an order via our Internet shop and are not acting as a consumer these terms and conditions may vary in certain respects. Where there is such a variation this is indicated in these terms and conditions.
1.3 You should read these terms and conditions carefully before submitting an order to us. These terms tell you how we will provide the product(s), how you or us may change or end the contract and what to do if there is a problem with your order, and other important information.
2. How the contract is formed
2.1 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.
2.2 When purchasing goods via the online shop, the goods 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 entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.
2.3 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.
2.4 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.
2.5 If we are unable to accept your offer, we will inform you of this 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 or description of the product(s), or because we are unable to meet a delivery deadline which you have specified. If you would like to place a larger order as a company, please check the availability beforehand.
2.6 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)’s correct price at your 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 unmistakable 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.
3. Prices and shipping costs
3.1 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.
3.2 You bear no responsibility for the shipping costs.
4.1 We will deliver the product(s) to you within 30 days after the day on which we accept your order.
4.2 We are not responsible for delays outside of our control. If the 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 for any product(s)s you have paid for but not received.
4.3 In the case of the non-availability of goods a possible advance payment will be refunded without delay.
4.4 The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.
4.5 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 product(s) from a local depot.
4.6 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 or 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 to hold you liable for any loss.
5. Delivery Area
Unfortunately we do not accept orders from or deliver to addresses outside the Republic of Ireland.
6. Our Product(s)
Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only.
7. Reservation of title
7.1 We retain ownership of the purchased item until the invoice has been paid in full by you.
7.2 If you are in arrears for any payment obligations, all outstanding sums are immediately due.
8. Your rights to end the contract
8.1 Your rights 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.
8.2 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
8.3 To exercise your right of cancellation referred to in clause 8.1, you must inform us (Emma Matratzen GmbH), Wilhelm-Leuschner-Str. 78 in 60329 Frankfurt by a letter, or e-mail us to firstname.lastname@example.org to cancel your contract. You can use the sample revocation form at clause 8.5 to provide your statement of cancellation but this is not required and any form of clear notice of cancellation will be accepted. Notification of your exercise of the right of cancellation must be sent to us before the end of the 14 day cancellation period.
8.4 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 may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) 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.
8.5 Sample Cancellation Form (If you want to cancel the contract, please fill out this form and return it.) To Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, Germany E-Mail: email@example.com I / We (*) hereby give notice that I/we cancel my/our(*)contract concluded of a sale of the following goods (*) / for the supply of the following service (*): Ordered on (*) / received on (*) Name of the consumer (s) Address of consumer (s) Signature of consumer (s) (only if this form is notified on paper) Date (*) Delete as appropriate
9. Our goodwill guarantee
9.1 These terms reflect the goodwill guarantee offered by Emma Matratzen GmbH of Frankfurt am Main to its Irish customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 as set out above. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed product(s)s. The voluntary right of withdrawal in relation to the goodwill guarantee begins after expiry of the statutory right of withdrawal (of 14 days) and runs for another 86 days. This gives you a total of 100 days right of withdrawal (14 days statutory, 86 days voluntary).
9.2 To exercise the right of cancellation under our goodwill guarantee, you must contact us, Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, E-Mail: firstname.lastname@example.org with a clear explanation (for example, by Mail or e-mail) about your decision to cancel this contract under the goodwill guarantee. You can also use the sample revocation form at Clause 8.5. In order to benefit from the goodwill guarantee, it is necessary for you to send the notification of the exercise of the right of cancellation before the end of the 100-day goodwill guarantee period.
9.3 If you cancel this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. For such repayment, we use the same payment you used in the original transaction unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
9.4 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. To clarify, this only applies when you carelessly damage the product not for using it appropriately and for its purpose. Damages by external factors (e.g. damages during delivery) will not reduce the refund price for you.
10. Problems with the product(s)
10.1 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 rights in relation to the product. Nothing in 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 Information website https://www.citizensinformation.ie/en/ or call 0761 07 4000. 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 to 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 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.2 If you wish to exercise your legal rights to reject products you must either return them to us [or allow us to collect them from you]. We will pay the costs of postage or collection.
11. Returning product(s) under this contract
11.1 If you end this contract in accordance with the goodwill guarantee we will pick up the mattress from the property where it is located for free. Please email us at email@example.com to arrange collection.
12. Contract language, storage of the contract textThis contract is offered exclusively in English. The contract text (order data and general terms and conditions) is 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.
13. Choice of the law and where you may bring legal proceedingsThese terms are governed by English law and you can bring legal proceedings in respect of the product(s)s in the English courts. If you live in Scotland you can bring legal proceedings 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.
14. Limitation of liability
14.1 Emma will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, damage to property, data or other intangible losses (even if Emma has been advised of the possibility of such damages).
14.2 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 product(s)s.
14.3 We are not liable for business losses. We only supply the product(s)s for domestic and private use. If you use the product(s)s 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.
14.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
15. Terms of payment and delivery
15.1 You agree that you will receive invoices and credit notes exclusively in electronic form.
15.2 We offer the following methods of payment, credit card (MasterCard and VisaCard), PayPal and instalment purchase (Payolution). For every order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and invoice address, the value of the goods in the order or due to other objective criteria. We are entitled to refer to other payment methods for each order. Credit card statements are carried out by PAYONE GmbH • Fraunhoferstraße 2-4 • 24118 Kiel, Germany - Registered office: Kiel - Amtsgericht Kiel HRB 6107 - Managing Director: Carl Frederic Zitscher, Jan Kanieß - A company of the Sparkassen-Finanzgruppe
15.3 In the case of payment in advance we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. Please note that we only accept payments from accounts within the European Union (EU) and do not assume any costs attributed to money transaction.
15.4 Consumers are asked to check the goods immediately for completeness, obvious defects and transport damage and to notify complaints to the seller and the freight forwarder as soon as possible. Your warranty claims remain unaffected.
III. Clauses 17 to 19 are Supplementary terms which will apply if you are not a consumer
17. Transfer of riskThe 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.
18.1 The warranty period is one year from 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 willful deliberate damage or misrepresentation by us.
18.2 Only our details and the product(s) description of the product(s) are deemed as agreed upon; but no other advertising, public promises and statements by us.
18.3 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 any defects you find later.
18.4 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 notified us of any defects.
18.5 We will fulfill 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.
18.6 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 the goods.
19. Extended retention of title
19.1 We retain ownership of the goods where you are not a consumer until the complete settlement of all claims arising from the current business relationship. The corresponding Security rights are transferable to third parties. Prior to the transfer of ownership of the reserved goods, the buyer is not entitled to pledge the goods or to surrender them for security.
19.2 Where you are not acting as a consumer you are entitled to resell the goods in the ordinary course of business. In this case, the purchaser shall already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the amount assignment. The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim itself if the buyer does not properly fulfill his payment obligations. (3) In case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. (4) The seller undertakes releasing the collateral which is due to him at the buyer's request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
20.1 On the Emma mattress we give a 10-year guarantee on the dimensional stability and durability of the core materials. This warranty is valid from receipt of the Emma mattress, within the EU (and Switzerland), and is returned to Emma Matratzen GmbH by returning the goods to Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt, or after picking up the goods by our third-party. The legal revocation and warranty rights remain unchanged. In order to ensure a smooth handling of the guarantee claim, the customer is asked to provide appropriate photo material of the affected product(s) and slat grate. This warranty is: • Cracks, dings or damage to the foam, which have arisen despite proper use and proper handling. • In case of product(s)ion damage at the zipper. This warranty does not apply: • For personal comfort preferences • In the case of damage caused, inter alia, but not exclusively by cuts, burns, cracks, liquids or stains. • Replacement of any non-damaged parts of the Emma mattress. • Any Emma mattress not supplied by an official dealer. • Any mattress that has not been sold as a new product(s).
21. Customer serviceOur customer service for questions and complaints is available from 7 am to 5 pm on weekdays E-Mail: firstname.lastname@example.org
Other Important Terms
21.1 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.
21.2 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.
21.3 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.
22. Conditions for Refer-a-Friend
22.1. In order to be eligible for the Refer-A-Friend program, you must be an Emma customer with an customer account. To refer a friend, go to your customer account, click on the “My referred friends“ tab and enter their email address. Your friend will then receive an email with their personalised voucher code.
22.2. The voucher code is only valid on purchases made on www.emma-mattress.ie.
22.3. The minimum spend is €290 for both the referrer and referred. The voucher code can be used on the entire Emma range and in conjunction with other offers and promotions.
22.4. You are entitled to the €50 cash reward if the referred friend keeps their Emma products beyond their 100-night trial period. To receive the €50 cash reward, contact our customer service team by sending an email to email@example.com. Restrictions might apply.
22.5. We reserve the right to invalidate the voucher if it is made public on the internet or appears on any search engine. In this case the referrer also loses their claim to the £50 cash reward.
22.6. The number of cash reward pay-outs is limited to ten.
22.7. The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the €50 cash reward is lost. The claim to the cash reward is also lost if the order is returned.
22.8. The referrer and the referred cannot be the same person. People living in the same household cannot be referred, nor can family members.
22.9. Customers are prohibited from using fake or multiple email addresses or customer accounts and cannot use fictitious identities to take part in the Refer-A-Friend program.
22.10. We reserve the right to exclude customers from participating in this promotion, if they do not meet the necessary requirements or violate the rules in any other way.
22.11. We also reserve the right to cancel the Refer-A-Friend program without further notice.
22.12. For further questions about the Refer-A-Friend program please contact our customer service by sending an email to firstname.lastname@example.org.
23. END OF MARCH SALE!
23.1 END OF MARCH SALE! (MARCH30) is valid from 26th of March 2020, 00:00 GMT until 31st of March 2020, 23:59 GMT.
23.2 END OF MARCH SALE! (MARCH30) will no longer be redeemable after 31st of March 2020, 23:59 GMT.
23.3 We reserve the right to discontinue the sale of certain sizes based on stock capacity.
24. 200-Night Trial
24.1 The 200-night trial offer is valid on orders placed until April 30th, 2020.
24.2 This offer is valid on the Emma Original mattress, the Emma Pillow and the Emma Mattress Protector.
24.3 This offer can be applied retrospectively on orders placed on or after December 26th, 2019.
24.4 This offer cannot be applied retrospectively to orders placed before December 26th, 2019.
24.5 The period to cancel expires at 12am on the 200th day since the date the order was delivered.
24.6 The 200-night trial is offered on the basis of goodwill and, as such, we reserve the right to refuse to honour the 200-night trial without prior notice.