Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.latexbeds.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" on our checkout page if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

By purchasing through this website you agree to be bound by the Terms and Conditions layed out bellow.
These terms and conditions apply to online transactions only and do not apply to any purchases made in our showroom.
These conditions do not affect your statutory rights as a Consumer.


1. Website Operator
This website is operated by Yanis Foams and Mattresses Ltd, with registered office  12 Wordsworth Parade, Green Lanes, London, N8 0SJ, UK, company registration number 4788446, VAT registration number 814893014. The trading address which is also our showroom location is Unit 5, Staples Corner Business Park, 1000 North Circular Road, London, NW2 7JP

2. Licence 
Latex Sense grants you a non-exclusive licence to use this website upon the following terms and conditions. Latex Sense may terminate this licence at any time without notice.

3. Materials in Site
3.1 This website contains material that is owned by or licensed to Latex Sense. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
3.2 All trademarks reproduced in this website, which are not the property of, or licensed to Yanis Mattresses, are acknowledged on the website.
3.3 You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without the prior written consent of Yanis Mattresses is prohibited.
3.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

4. Definitions
Buyer" means the Consumer who buys or agrees to buy Goods on this website from Yanis Foams and Mattresses Ltd.
""Goods" means all products listed on the order and the order confirmation e-mail
"Consumer" has the meaning given in section 12 Unfair Contract Terms Act 1977
"Special Items" means any Goods that are not held in stock by Yanis Foams and Mattresses Ltd and are ordered and/or manufactured specifically for the Buyer.
"Delivery" means the delivery of the Goods to the delivery address specified on the order.

5. How the contract is formed between you and us

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

We reserve the right not to supply Products. In these circumstances any payment made will be refunded to card used for payment.

6. Risk and Ownership
The Goods shall be at the Buyer's risk once delivery has taken place. The Buyer must take all reasonable care of the Goods. Should the Goods be returned to Yanis Foams and Mattresses Ltd having been damaged while in the Buyer's care, the cost of such damage will be recovered from the Buyer.
Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.

7. Fraud prevention
Yanis Foams and Mattresses Ltd retains the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered until it is proven that that the order is bona fide. Should Yanis Foams and Mattresses Ltd be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original card used to place the order and the order will be cancelled. For your protection, to ensure your credit or debit card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process. Please be assured this is only done to confirm your identity and all information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

8. Description of Goods
The description of the goods will be as specified within the confirmation e-mail and it is the Buyers responsibility to check that the Goods specified are as the Buyer intended to order. All sizes given are approximate and the Buyer should satisfy themselves that the goods will fit into the delivery address. The normal bed and mattress sizes (i.e. 90/190cm single; 135/190cm  double and 150/200cm king) refer to the sleeping surface only and the Buyer should check the overall dimensions given for each product. There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order, (for example, bedside tables, lamps and bedcovers). Manufacturing  tolerances on mattress and topper sizes are +/- 20mm- 30mm on lenght and width, +/- 5mm on thickness from 0-10cm and +/- 10mm on thickness from 15cm-25cm.This variance in the size if perfectly normal depending on conditions and room temperature, and as such is not considered a fault. All sizes quoted are for the finished product- mattress or topper core with the cover. Variations in the density of the foams of +/- 5% are within manufacturing limits. The technicalities of the Talalay manufacturing process do not allow the production of 100% Talalay latex as one whole block, therefore these mattresses are made with different layers bonded together.Yanis Foams and Mattresses Ltd reserves the right to chnage the specifications of any product at any time.

9. Payment
Full payment is required at the time the order is placed and Yanis Foams and Mattresses Ltd will collect the payment from the debit/credit card details supplied. All Prices and charges on this site are in british pounds and include any V.A.T payable at the prevailing rate.

10. Finance Options

Consumer finance on Latex Sense is organised and administered jointly by Yanis Foams and Mattresses Ltd, Unit 5, Staples Corner Business Park, 1000 North Circular Road, London, NW2 7JP and Pay4Later.
Finance is only applicable to purchases made on www.latexsense.co.uk.
The Yanis Mattresses finance option is applicable on any order over £400.00 including VAT.
Consumer finance on the Latex Sense website is not valid with the purchase of used, refurbished or demonstration equipment.
Yanis Foams and Mattresses Ltd accepts no liability in relation to the credit analysis and resulting contractual obligations. Please direct all enquiries in writing to Pay4Later.
Please keep a copy of the Terms and Conditions as well as your invoice for your records. We advise applicants to keep the documents relating to the financing application.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Yanis Foams and Mattresses Ltd reserves the right to change these Terms and Conditions at any time.

Consumer credit service provided by Pay4Later in association with Close Brothers Retail Finance. Pay4Later is licensed by The Office of Fair Trading (Consumer Credit Licence: 0616240). For more information please refer to our frequently asked questions or visit http://www.pay4later.com/.

Close Brothers Retail Finance is a trading name of Close Brothers Limited. Close Brothers is authorised by the Prudential Regulation Authority, regulated by the Financial Conduct Authority and Prudential Regulation Authority and licensed by the Office of Fair Trading. For more information please visit http://www. closebrothersretailfinance.co.uk/.

11. Delivery
Delivery will normally take place within the timescales estimated on the order acknowledgement, however this is only an estimate and time shall not be the essence of any order. Some products for Scotland and Northern Ireland customers may occasionally take longer due to the logistics of supply. All Goods are delivered free of charge. Deliveries to remote areas and postcodes may incure a surcharge, please contact our customer services for more details. Where the Goods cannot be delivered on the day arranged due to the fault of the buyer, Yanis Foams and Mattresses Ltd retains the right to charge a further £35 for "re-delivery" to cover costs incurred. This charge will be taken from the debit/credit card used to purchase the Goods. Next day delivery of mattresses, toppers and pillows is carried out by one man and is officially to the front door only. Goods may be taken up the stairs at the driver's discretion if access is clear and if there is someone to help the driver with heavy items. We can arrange two man delivery to a room of your choice for mattresses upon request. There is no extra charge for this service but delivery is not next day, it can take up to two weeks. Delivery of divan, ottoman and adjustable beds is carried out by two man crew and is to a room of your choice. Some Goods will require some form of assembly and it is the Buyer's responsibility to assemble the Goods. Delivery will only be made to the delivery address specified on the original order. Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address (Yanis Foams and Mattresses Ltd do not need to satisfy themselves that the person accepting delivery at the agreed address is authorised by the Buyer to accept the Goods)

12. Guarantees
All Goods are guaranteed against faulty materials and workmanship for a minimum period of twelve months from the date of delivery. The guarantee for the different products is as follows:

- pillows- 2 years

- toppers- 10 years

- mattresses- 5 to 15 years

- beds- 5 years

- electrical mechanism for adjustable beds- 3 years

 

WHAT IS PROVIDED?

We will replace any product if it develops a fault within the guarantee period. Should that specific product no longer be available we will provide an alternative product of equivalent specification.


WHAT IS NOT BEING COVERED? 
• Use other than domestic, excessive soiling or unsanitary condition
• Deliberate damage or misuse including the manufacturer’s instructions not being followed
• Accidental damage, incorrect or faulty installation
• Damage due to weather such as lightning, flooding and high winds
• The cost of materials and labour charges for which the manufacturer is held responsible under the terms of any guarantee or warranty
• Normal ageing or wear and tear including mattress settlement and “dipping” less than 2cm.
• Work for which the manufacture has recalled the product
• Loss of or damage to accessories
• Noises caused by the use of the product
• Damage caused by foreign objects or substances not normally associated with the product
• Repairs carried out by the persons not authorised by us or without prior approval
• Any routine maintenance, cleaning, realignment, modification, installation, or transit
• Any loss suffered as a result of not being able to use the product or any loss other than the repair and/or replacement cost of the product

13. Damaged or Faulty Goods

It is your responsibility to inspect the goods for any damages upon delivery.

Damages must be reported by email within 24 hours of receipt of goods. In all cases goods can only be uplifted when packaged up in the same way in which they were delivered. Goods signed for "good condition" at the door will not be collected.

Complaints relating to faulty Goods should be notified in writing within 48hours of the fault becoming apparent and should be addressed to Customer Services Department, Yanis Foams and Mattresses Ltd, Unit 5, Staples Corner Business Park, 1000 North Circular Road, London, NW2 7JP or by e-mail to office@yanismattresses.co.uk

We will exchange free of charge any product that is faulty, please ensure you thoroughly check the goods before signing for them, in the unlikely event they are damaged on delivery please refuse the goods, we will in turn dispatch another item as soon as possible. Should you find a product to be defective please contact us within 48 hours of receipt of faulty goods. In the rare event that Goods develop a fault we request a photograph of the fault in order to authorise immediate action on your claim.

14. Consumer rights

If you are contracted as a consumer, you may cancel the contract within 14 calendar days, beginning on the day you received the goods. In this case you will receive a full refund of the price paid for the goods in accordance with our Refunds Policy (see clause 15 bellow).

To cancel a Contract, you must inform us in writing. Notification by telephone is not sufficient. You must make the Goods available to us for collection or  arrange the return yourself and during this time keep the Goods in the same condition in which you received them. You may not use the Goods. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

If a customer wishes to cancel after receiving goods, for reasons of change of mind, incorrect goods ordered, wrong size, wrong model, wrong colour choice, do not fit for any reason, then there is a carriage fee to cover collection and re-delviery of the correct item. The carriage fee payable depends on the dimensions and weight of the items being returned.

You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.

Please be aware that images of our products on our website are for illustration purposes only. Any item that is not a bed or the specified product in the product description on the web page, or that appears in any photograph or illustration on the website will not form part of this contract. An example of such things are lamps, bed covers, pictures and in certain instances headboards (unless previously mentioned in product description).

 

15. Refunds
Refunds on Goods cancelled prior to delivery will be made within 14 days of the cancellation notice. All refunds will be made onto the same card used to make the original purchase. Refunds on Goods already delivered will take place as soon as possible and not later than 14 days of receipt of the goods. The Buyer may cancel the goods at any time within the cancellation period by giving Yanis Foams and Mattresses Ltd notice of the cancellation in writing or in another durable medium. The cancellation period is any time up to 14 calendar days after delivery. Goods that are not held in stock by Yanis Foams and Mattresses Ltd and are ordered and/or manufactured specifically for the Buyer cannot be cancelled once the order has been accepted by Yanis Foams and Mattresses Ltd.

Consumers should return items within 14 days of cancellation.

You will be wholly responsible for the return of the goods and any associated cost of return.

Alternatively, we can arrange the return on your behalf and any associated costs will be deducted from the refund.

It is your responsibility to take reasonable care of the goods and make sure they are returned undamaged. Goods received back incomplete, damaged, soiled, marked, stained or in any other condition rather than sealable, will be returned to you and the cost of the return carriage charged to your account.  Once we have received any returned items and checked them we will refund your money less any shipping costs. All returned packages must be individually and clearly marked with your NAME, POSTCODE and ORDER number.

Any returned goods have to be sent to our warehouse address:
Yanis Foams and Mattresses Ltd, Unit 19-20 Hayleys Manor, Upland Road, Epping, Essex, CM16 6PQ.                                                                                                                                                                   

Due to the intimate nature of pillows, these items are exempt from the statutory 14 day cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any pillows that has been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.

We do not accept pillows back if they have been used in conjunction with a free pillow offer. In the event of a returned mattress your refund would not include the cost of the pillow(s) and subsequently be deducted from the refund. 

16. Double Satisfaction Guarantee

Yanis Foams and Mattresses Ltd operates Double Satisfaction Guarantee.

The free trial period for all products is 14 calendar days after the delivery date.

If you are not happy with your purchase we will provide expert advice and replace it with something more suitable. The replacement of the first item is free of charge.

You will be able to select another mattress of the same size. Exchange for a different size is not covered by the double satisfaction guarantee and will incurr £50 carriage cost. Please check the measurements of your bed frame first and ensure you order the correct size mattress. If the mattress you would like to have as a replacement is more expensive than the one you bought then you will be asked to pay the difference in price.

Exchanges are free of charge for customers within the UK. For customers outside the UK it is your responsibility to arrange the return at your own cost.

If you are still not happy with the replacement we will give you full refund less the cost of the return of the second item. 

The mattress you are returning as part of the exchange must be in as brand new condition, unsoiled and undamaged.


17. Linking
This website contains links to other websites. Yanis Foams and Mattresses Ltd accepts no responsibility or liability for the content of other websites that are not under the strict control of Yanis Foams and Mattresses Ltd. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Yanis Foams and Mattresses Ltd of that other website. You may only create a link to this website from another website or document if such website or document is, in Yanis Foams and  Mattresses Ltd sole opinion, appropriate to be associated with the Latex Sense brands. Yanis Foams and Mattresses Ltd will notify you if such a website or document is not appropriate and require you to remove the link. If you create a link to this website, it must open in a full standard browser window and be clear that this website is a separate website from the website or document linking to it. For the avoidance of doubt this website may not open in a window within the website of document linking it or be framed.

18. Liability
Our total liability in regard to the performance of this contract shall be limited to the value of the Goods. Yanis Foams and Mattresses Ltd shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non performance of this contract.  Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law. All contracts shall be governed by English Law Any order placed by the Buyer and accepted by Yanis Foams and Mattresses Ltd is subject to the following terms and conditions unless specified in writing by a Director of Yanis Foams and Mattresses Ltd. A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Yanis Foams and Mattresses Ltd. Yanis Foams and Mattresses Ltd retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.

19. Jurisdiction and acceptance of these terms and conditions
This website is controlled and operated by Yanis Foams and Mattresses Ltd from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
Your continued use of this website indicates your acceptance of these terms and conditions. Unfortunately, if you do not accept these terms we must require you to stop using our website and terminate your licence to use it.

20. Response time to email enquiries

We guarantee that any email enquiries will be answered within 1 working day.