These terms and conditions apply to the supply of our products to you and set out the legal relationship between you and us.
Please read these terms and conditions carefully. By clicking ‘accept’, you agree to these Terms (as defined below), which will bind you. We recommend that you pay particular attention to Condition 14 (our liability), and Conditions 11 and 12 (your rights of cancellation and return). If you do not agree to these Terms, you must not place an order with us.
1. Application of These Terms
1.1 These are the terms and conditions (the “Terms”) under which we supply our Products to you when you place an Order via our Website.
1.2 Please read these Terms carefully before placing an Order, as they set out important information about your rights and obligations and our rights and obligations. You must agree to these Terms before we can accept your Order. If you do not agree, you should not proceed with your Order.
1.3 These Terms set out details of:
-
Who we are;
-
The terms on which we supply our Products to you; and
-
Other important information.
1.4 These Terms apply to consumers only. You are a consumer if:
-
You are an individual; and
-
You are purchasing Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).
1.5 You must be at least 18 years old to place an Order with us.
1.6 We may make changes to these Terms at any time. However, the Terms which apply to your Order will be those set out on our Website at the time you submit your Order. We recommend that you print or save a copy of these Terms and any related correspondence for your records.
1.7 The following additional terms also apply to you and can be found on our Website:
-
Our Privacy Notice, which explains how we collect, use, and protect your personal data;
-
Our Website Terms of Use, which govern how you may use our Website; and
-
Our Cookies Policy, which provides information about the cookies we use.
2. Understanding These Terms
2.1 In these Terms, the following words and expressions shall have the meanings set out below:
Term |
Definition |
Charges |
All fees, charges, costs, and expenses payable to us under or in connection with the Contract. |
Contract |
The contract for the supply of Products between you and us, which comes into effect in accordance with Condition 3.4. |
Delivery Location |
The location set out as such in our Order Confirmation. |
Order |
An order for Products. |
Order Confirmation |
Our written confirmation that we have accepted all or part of an Order, as further described in Condition 3.4. |
Product |
Pillows, mattresses, bedding, and other accessories, or any other product displayed for sale on our Website. |
Terms |
These supply terms and conditions, as further defined in Condition 1.1. |
Website |
|
2.2 In these Terms:
-
The singular includes the plural and vice versa; the masculine includes the feminine and neuter and vice versa.
-
References to statutes or statutory provisions include those as amended, extended, or re-enacted.
-
“Writing” or “written” excludes fax but includes email.
-
References to English legal terms shall, in other jurisdictions, be deemed to include references to the nearest equivalent.
3. Placing an Order and the Basis of the Contract
3.1 You may place an Order with us via our Website. An Order is your offer to purchase Products in accordance with these Terms.
3.2 Please check your Order carefully and correct any errors before submitting it.
3.3 By placing an Order, you acknowledge that you have read and accepted these Terms. This does not mean we have accepted your Order.
3.4 Our acceptance occurs when we send you an Order Confirmation by email, at which point a legally binding Contract comes into existence for those Products set out in the Order Confirmation.
3.5 We may reject or cancel an Order (in full or part) if:
-
We are unable to take payment or verify your payment details;
-
The Product is unavailable or out of stock;
-
You have not accepted these Terms;
-
You are located outside our delivery areas; or
-
There has been an error with pricing or description.
3.6 Where this occurs, we will notify you promptly and refund any sums you have paid for Products we cannot provide.
4. Product Availability
4.1 Products are subject to availability. We cannot guarantee availability at all times.
4.2 If circumstances beyond our control require us to stop supplying a Product (for example, a change in law), we will notify you by email, cancel the Contract for the affected Product, and refund any sums paid for it.
5. Your Rights to Change an Order
5.1 If you wish to make changes after submitting your Order, please contact us promptly. We will confirm whether changes are possible.
6. Our Rights to Change an Order
6.1 We may make changes to Products:
-
To reflect changes in law or regulatory requirements; or
-
To make minor technical adjustments or improvements.
6.2 We may suspend supply of Products to:
-
Address technical problems; or
-
Update Products to reflect changes in law or regulatory requirements.
7. Products
7.1 Information about our Products is available on our Website.
7.2 Images, drawings, and descriptions (including packaging) are for illustrative purposes only. Colours may vary depending on your device and settings.
7.3 Sizes, measurements, tools, and tips provided on our Website are for guidance only.
7.4 Products are supplied for domestic and personal use only and must not be used for commercial or resale purposes.
8. Delivery
8.1 Our courier will deliver Products to the Delivery Location.
8.2 If no one is available to accept delivery, instructions will be provided on re-arranging delivery or collecting from a safe place, neighbour, or local business (if permitted).
8.3 If delivery is unsuccessful after repeated attempts, we may:
-
Cancel the Order and refund the Product price (excluding delivery charges and reasonable re-delivery costs); or
-
Charge additional delivery fees for further attempts.
8.4 Please check Products on delivery and notify us promptly of any damage. Some couriers require us to report faults within 24 hours.
8.5 Risk in Products passes to you on delivery. Ownership passes only once payment is received in full.
8.6 Delivery options and charges are available on our Website. Additional fees may apply for remote locations (e.g. Northern Ireland, Isle of Man, Channel Islands).
8.7 Delivery times are estimates and not guaranteed. We are not liable for delays caused by events outside our control.
9. Charges and Payment
9.1 Prices are shown on our Website and confirmed in your Order Confirmation.
9.2 Prices are:
-
In pounds sterling (£) for UK deliveries;
-
Inclusive of VAT at the applicable rate; and
-
Exclusive of delivery charges (shown separately).
9.3 If there is a pricing error, we will contact you. If we cannot reach you, the Order will be cancelled.
9.4 We accept: Visa, Mastercard, American Express, Apple Pay, Google Pay, Maestro, Shop Pay, Union Pay, PayPal, and Klarna (subject to Klarna’s terms).
9.5 Orders must be paid for in advance. If payment fails, we may cancel the Order.
9.6 Late payments may incur interest at 4% above the Bank of England’s base rate, calculated daily.
10. Your Obligations
You must:
-
Ensure Order details are accurate;
-
Provide complete and correct information;
-
Cooperate with us, including ensuring someone is available to accept delivery.
11. Your Right to Cancel Your Order
11.1 You may cancel your Order within the statutory cancellation period, beginning on the delivery date.
11.2 The cancellation period is 14 days from delivery (or longer where we specify).
11.3 To cancel, please:
-
Visit lunaviasleep.com/pages/returns; or
-
Email support@lunaviasleep.com.
12. Returning Products
12.1 Products must be returned within 14 days of cancellation.
12.2 Products must be unused, in new condition, and in original packaging where possible.
12.3 Returns can be made via our free “Returns” service or another courier (at your cost, unless faulty).
12.4 Refunds are issued within 14 days of receiving the returned Products or proof of return.
13. Faulty Products
13.1 Products must be as described, of satisfactory quality, and fit for purpose.
13.2 Your rights include:
-
Refund within 30 days for faulty Products;
-
Repair, replacement, or refund within 6 months;
-
Partial compensation if failure occurs within a reasonable lifespan.
13.3 To report a fault, contact support@lunaviasleep.com with details and photos.
14. Our Liability to You
14.1 We are responsible for foreseeable losses caused by our negligence or breach.
14.2 We are not responsible for:
-
Losses not foreseeable at the time of contract;
-
Losses not caused by our breach;
-
Business-related losses.
14.3 Nothing in these Terms excludes liability for death, personal injury caused by negligence, or fraud.
15. Governing Law and Jurisdiction
15.1 These Terms are governed by English law. You also retain the protection of mandatory laws in your country of residence.
15.2 Disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales or, if you are a consumer, the courts of your place of residence.