Terms & conditions
Please read the following important terms and conditions before you buy anything
on the Velocity website.
The following is a summary of your key rights, which are in addition to our 60 Night
Comfort Guarantee referred to at the end of these Terms:
- The Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 say that up to 14 days after receiving your goods, in most
cases, you can change your mind and get a full refund.
- 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 you’re entitled to the following:
- up to 30 days: if your goods are faulty, you can get a refund;
- up to six months: if it can’t be repaired or replaced, then you’re entitled
to a full refund in most cases;
- up to six years: if the goods do not last a reasonable length of time,
you may be entitled to some money back.
- This is a summary of some of your key rights. For detailed information from
Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05
- This summary is not intended to replace the contract below which you
should read carefully.
These Terms set out:
- your legal rights and responsibilities,
- our legal rights and responsibilities, and
- certain key information required by law.
In these Terms:
- “We”, “us” or “our” means the retailer that provided you with the link or
connection to this website (https://harrison‐spinks‐velocity.myshopify.com/) (the
“Velocity Website”), whether in our premises or via our website or an email
from us to you. You can find out more information about us from our website
(the “Our Website”). We have appointed Harrison Spinks Beds Limited
(company number 0277690 with registered office at The Innovation Centre,
Westland Road, Leeds, West Yorkshire, England, LS11 5SB) (“Harrison
Spinks”) to collect payment from you on behalf of us and to deliver your Velocity Mattress to you.
- “You” or “your” means the person using our website to buy goods from us.
- “Working day” means Monday to Friday, with the exception of public holidays
(including bank holidays).
- If you don’t understand any of this contract and want to talk to us about it,
please contact us by using any of the contact details set out on Our Website.
- Introduction
- If you buy goods on the Velocity Website you agree to be legally bound
by these Terms and any documents referred to in them, together with
our Privacy Policy, Terms of Website Use and Delivery Information,
which form part of the contract between you and us as though set out
in full here (the “Terms”).
- You may only buy goods from the Velocity Website for non-business
reasons. If you want to buy our products for your business you should
contact us using the details found on Our Website to discuss how we
might supply to business customers.
- All Velocity Mattresses comply to British Standard BS7177 domestic
use.
- These Terms together with our order form constitute the whole
agreement between you and us and supersede any prior promises,
representations, undertakings or implications whether written or oral.
- Information we give you
- By law, we must give you certain key information before a legally
binding contract between you and us is made (the “Contract”).
- The key information we give you by law forms part of this Contract (as
though it is set out in full here).
- We reserve our right to amend these Terms from time to time. If we
have to revise these terms as they apply to your order, we will contact
you to give you reasonable advance notice of the changes and let you
know how to cancel the Contract if you are not happy with the
changes. If you would like to cancel, you will have to return (at our
cost) any relevant goods you have already received and we will
arrange a full refund of the price you have paid.
- Harrison Spinks
- Harrisons Spinks will collect payment from you on our behalf via the
Velocity Website. Harrison Spinks will also arrange to deliver your
Velocity Mattress to you on our behalf. If you have any concerns or
issues with the Velocity Mattress you receive, please contact us via
any of the contact methods on Our Website or using the contact details
we provide to you. If you contact Harrison Spinks to discuss your
Velocity Mattress, Harrison Spinks will direct you to us.
- Below, we set out how the Contract between you and us is made.
- Orders should be placed by you via the Velocity Website. Please read
and check your order carefully before submitting it. It is your
responsibility to ensure your order is correct.
- We will not be responsible for any mistakes made to your order by
you. If there is a mistake, you must notify us in writing of the correct
details before the goods have been dispatched. We will notify you if
we are unable to comply with the terms of the amended order, or if
there will be any additional costs in doing so.
- When you place your order at the end of the online checkout process
we will acknowledge it by email to confirm that we accept your order.
- We may contact you to say that we do not accept your order. This is
typically for the following reasons:
- the goods are unavailable,
- we cannot authorise your payment,
- you are not allowed to buy the goods from us,
- we are not allowed to sell the goods to you,
- you have ordered too many goods, or
- there has been a mistake on the pricing or description of the
goods (where permissible under applicable law).
- Delivery
- Your Velocity Mattress will be sent via a next day courier service and
will be delivered to addresses in standard delivery areas on the date
after the order being placed, providing the order was placed before
2pm (Monday to Thursday). Orders placed between 2pm Thursday
and 2pm Friday will be delivered on the following Monday. Orders
placed between 2pm Friday and 2pm Monday will be delivered on the
following Tuesday. We do not deliver on weekends. If the delivery
dress is located in an extended delivery zone, such as the Scottish
Highlands, delivery may take 7 days from the date you place your
order. More information is available on the Velocity Website in respect
of the location of standard delivery areas and the extended delivery
zone.
- You can see your delivery options by visiting the Velocity Website
page “Delivery & Returns” before you place your order.
- The estimated date for delivery of the goods is set out in the
confirmation email. For convenience, you will receive an SMS
message and/or email confirmation message with your delivery date
when you have placed your order. On the day before delivery you will
receive an SMS and/or email advising you of a two hour delivery
window within which Harrison Spinks will aim to deliver the Velocity
Mattress to you.
- If something happens which is outside of our control and affects the
estimated date of delivery we will let you have a revised estimated
date for delivery of your Velocity Mattress.
- Delivery of the Velocity Mattress will take place when we deliver it to
the address that you gave to us during the online ordering process.
- Delivery will be to the room of your choice (at the discretion of the
delivery team) of the property at the address or to the door of your
property, as chosen by you. On entry to the property, we and any third
party contractor may refuse to deliver to a room if it is obvious that
they will cause damage in doing so (i.e. if there are paintings hung on
the staircase that they are likely to knock off ) or if the delivery team
believes it would be unreasonable or unsafe for them to deliver the
mattress to the room chosen by you for any other reason The delivery
team may choose to leave the mattress at your door rather than enter
your property as a result of coronavirus. Any damage to the goods or
your property or its contents as a direct result of our delivery service
must be reported to us by email within 3 working days of the delivery
taking place. If you do not report such damage to us within this time
frame, then we shall not be liable to you for any such damage.
- The driver may ask to see a form of ID to satisfy himself that the
person accepting delivery is you or a person authorised by you to
accept delivery of the goods.
- Unless you and we agree otherwise, if we cannot deliver your goods
within 21 days of the original delivery date, we will let you know, cancel
your order, and give you a refund.
- If nobody is available to take delivery, you will be contacted to rebook
a delivery slot.
- You are responsible for the goods when delivery has taken place. In
other words, the risk in the goods passes to you when you take
possession of the goods.
- If you have ordered more than one item from us, please be aware that
each item may be delivered separately.
- Right to cancel this Contract
- You have the right to cancel this Contract within 14 days from the date
of the delivery of the goods without giving any reason.
- The cancellation period will expire after 14 days from the day you
receive the goods.
- To exercise the right to cancel, you must inform us of your decision to
cancel this Contract by a clear statement (e.g. a letter sent by post or
email). You can use the model cancellation form set out in the box
below, but it is not obligatory. If you use this method, we will email you
to confirm we have received your cancellation.
- In addition to your cancellation right detailed in this clause 5, you may
also have rights to request a replacement mattress in line with the 60
Night Comfort Guarantee explained at the end of these Terms.
Cancellation form
Please send your cancellation form to our contact postal or email
address set out on Our Website.
I [*] hereby give notice that I [*] cancel my [*] contract of sale of the
following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of customer,
Address of customer
Signature of customer (only if this form is notified on paper),
Date
[*] Delete as appropriate
- If you are emailing us or writing to us, please include details of your order to
help us to identify it. If you send us your cancellation notice by email or by
post, then your cancellation is effective from the date you send us the email
or post the letter to us. For example, you will have given us notice in time as
long as you get your letter into the last post on the last day of the cancellation
period or email us before midnight on that day. If the last day of the
cancellation period is a Saturday, Sunday or public holiday, the cancellation
period will be extended to the next working day.
- Effects of cancellation
- If you cancel this Contract under clause 5, we will reimburse to you all
payments received from you.
- We will make the reimbursement without undue delay, and no later
than:
- where we collect the goods, 14 calendar days after the day on
which we are informed about your decision to cancel this
Contract;
- where you return the goods, 14 calendar days after the day we
received back from you any goods supplied, or
- (if earlier) 14 calendar 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 we have expressly
agreed otherwise; in any event, you will not incur any fees as a result
of the reimbursement.
- If we have agreed to collect the Velocity Mattress we will collect it
without undue delay and in any event not later than 14 calendar days
from the day on which you communicate your cancellation from this
Contract to us. Where you are responsible for returning the goods to
us, you must do so within 14 calendar days from the date on which
you communicate your cancellation of this Contract to us.
- You are responsible for packaging and passing the Velocity Mattress
to our third party collection company.
- If you are returning your Velocity Mattress to us please ensure it is
packaged appropriately to avoid any damage occurring to the Velocity
Mattress. We may charge you for any damage caused as a result of
the packaging of the Velocity Mattress.
- How to Pay
- We accept payment via credit cards, debit cards and PayPal
account. We do not accept cash or cheques.
- We will do all that we reasonably can to ensure that all of the
information you give us when paying for the goods is secure by using
an encrypted secure payment mechanism. However, in the absence
of negligence on our part we will not be legally responsible to you for
any loss that you may suffer if a third party gains unauthorised access
to any information that you give us.
- Your credit card or debit card will only be charged at the time the order
is made. If we cannot supply you with the goods that you ordered but
you have already paid for them we will refund you as soon as possible
and in any event within 5 working days.
- When making a payment to us (including payments taken by Harrison
Spinks on our behalf), you are confirming that all details you provide
to us for the purpose of purchasing any goods are correct, and that
the credit or debit card or PayPal account which you use is your own,
that there are sufficient funds or credit facilities to cover the cost of
any goods, and that you are over the age of 18 years. We reserve the
right to obtain validation and verification of the authenticity of your
credit card or debit card details or your PayPal account before
processing your order.
- Price of Goods
- The price charged by us for the Velocity Mattress will be as quoted on
the Velocity Website at the time you submit your order.
- Prices for the Velocity Mattress may change from time to time, but
changes will not affect any order you have already placed.
- The price of the Velocity Mattress includes VAT (where applicable) at
the applicable current rate chargeable in the United Kingdom for the
time being. However, if the rate of VAT changes between the date of
your order and the date of delivery, we will adjust the VAT you pay,
unless you have already paid for the goods in full before the change
in VAT takes effect.
- The price of the Velocity Mattress includes standard delivery. We do
not offer any premium delivery services for the Velocity Mattress.
- It is always possible that, despite our reasonable efforts, some of the
goods on the Velocity Website may be incorrectly priced. The following
process will apply:
- where the correct price is less than the price stated on the
Velocity Website, we will charge the lower amount when
dispatching the goods to you. However, if the pricing error is
obvious and unmistakeable and could have reasonably been
recognised by you as a mispricing, we will contact you in writing
as soon as possible to inform you of this error and we will give
you the option of continuing to purchase the goods at the
correct price or cancelling your order; and
- if the correct price is higher than the price stated on the Velocity
Website, we will contact you in writing as soon as possible to
inform you of this error and we will give you the option of
continuing to purchase the goods at the correct price or
cancelling your order. We will not process your order until we
have your instructions. If we are unable to contact you using
the contact details you provided during the order process, we
will treat the order as cancelled and notify you in writing.
- Occasionally third parties offer discounts and voucher codes for our
products despite not being affiliated with our business and not having
approval from us. We are entitled to decline any discount, promotion,
voucher or similar codes that have been provided by third parties to
you, and to end our own promotions at any time.
- Nature of the goods
- You have certain legal rights (also known as ‘statutory rights’), for
example, that the goods:
- are of satisfactory quality,
- are fit for purpose,
- match the description, sample or model, and
- are installed properly (if we install any goods).
- We must provide you with goods that comply with your legal rights.
10.Faulty goods
- Your legal rights (also known as ‘statutory rights’), are set out at the
top of this Contract. They are a summary of your key rights. For more
detailed information on your rights and what you should expect from
us, please:
- contact us using any of the contact methods referred to on Our
website
- if you are a UK customer, visit the Citizens Advice website
www.citizensadvice.uk or call 03454 04 05 06
- Nothing in this Contract affects your statutory rights. You may also
have other rights in law.
- If you have any concerns about the mattress or believe that the
mattress is faulty, please contact us directly. If you contact Harrison
Spinks to discuss your mattress, Harrison Spinks will direct you to us.
11.Our guarantee
- We will repair or replace any faulty Velocity Mattress under our 5 year
manufacturer’s guarantee. This guarantee relates to Velocity
Mattresses only and not to any other goods. This guarantee is in
addition to the 60 Night Comfort Guarantee.
- We also offer an additional 5 year warranty with a sliding scale of the
charges payable by you for any repairs or replacements we provide
under the additional 5 year warranty. Please see [insert link] for further
information about our warranty.
- The guarantee above does not affect and is in addition to your legal
rights in relation to faulty goods as set out in clause 10.
- The guarantee above does not apply to instances of normal ageing,
wear and tear, damage as a result of any kind of accident or abuse, or
if the applicable product is in a soiled or unsanitary condition.
- The guarantee may be invalidated if you have not taken reasonable
care of your Velocity Mattress. You should ensure that you read the
care guide provided with your product, as failure to follow the care
instructions could invalidate the applicable guarantee.
- Any claim under a guarantee must be made within 30 days of
discovery by you of (or when you ought to have discovered) the defect.
- If you alter or repair the applicable product without our prior written
consent the product will not be covered by the relevant guarantee.
- The guarantee may not be assigned to someone else unless you have
purchased the applicable product as a gift in which case you may
transfer the benefit of the guarantee without asking for our consent.
- The guarantee above is limited to Velocity Mattresses used solely for
non-commercial purposes.
12.Our Liability to You
- If we fail to comply with these terms, we are responsible for loss or
damage you suffer that is a foreseeable result of our breach of these
terms or our negligence up to a limit of the price paid for the goods,
but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if it is an obvious
consequence of our breach or if it was contemplated by you and us at
the time we entered into the Contract.
- We only supply the goods for domestic and private use. You agree not
to use the goods for any commercial, business or resale purposes,
and we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
- Notwithstanding any other terms of these terms, we do not in any way
exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of
Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale
of Goods Act 1979 (description, satisfactory quality, fitness for
purpose and samples); and
- defective products under the Consumer Protection Act 1987.
14.Disputes
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with the goods, our service to you or any other
matter, please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint
handling procedure, we will:
- let you know that we cannot settle the dispute with you, and
- give you certain information required by law about our
alternative dispute resolution provider.
- You may also use an online dispute resolution platform to resolve the
dispute with us.
15.Other Important Terms
- We will comply, as data controller, with the Data Protection Legislation
when we process personal data you pass to us. More information can
be found about the ways in which we process your personal data in
our privacy policy available on Our website.
- These Terms shall be governed by the laws of England and the courts
of England and Wales will hear any dispute between you and us in
relation to this Contract. However, if you are a resident of Northern
Ireland you may also bring proceedings in Northern Ireland, and if you
are a resident of Scotland, you may also bring proceedings in
Scotland.
- We may transfer our rights and obligations under a Contract to another
organisation, but this will not affect your rights or our obligations under
these terms. We will always notify you in writing or by posting on this
webpage if this happens.
- You may only transfer your rights or your obligations under these
Terms to another person if we agree in writing. However, if you have
purchased goods as a gift, you may transfer the benefit of any
satisfaction guarantee we may have given to the recipient of the gift
without needing to ask our consent.
- Each of the paragraphs of these terms operates separately. If any
court or relevant authority decides that any of them are unlawful or
unenforceable, the remaining paragraphs will remain in full force and
effect.
- If we fail to insist that you perform any of your obligations under these
terms, or if we do not enforce our rights against you, or if we delay in
doing so, that will not mean that we have waived our rights against
you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in
writing, and that will not mean that we will automatically waive any
later default by you.
- This Contract is between you and us. No other person will have any
rights to enforce any of its terms, whether under the Contracts (Rights
of Third Parties) Act 1999 or otherwise. However, if the recipient of
your gift of the goods will have the benefit of any satisfaction
guarantee we may have given, we and you will not need their consent
to cancel or make any changes to these terms.
If you have questions about our Website or our privacy policy, please feel free to
contact us using any of the contact details on Our website.
60 Night Comfort Guarantee
In addition to your statutory rights which are summarised at the beginning of the
terms and conditions above, we offer a 60 Night Comfort Guarantee. This comfort
guarantee provides you with the opportunity to test your mattress for 60 nights,
starting on the day of delivery. If you are not entirely happy with your mattress or
change your mind within 60 days of receiving your Velocity Mattress we will collect
it and replace your Velocity Mattress with an alternative mattress in the Velocity
Mattress range. If you choose a replacement Velocity Mattress that is more
expensive than the Velocity Mattress you are replacing (based on the price you paid
for your original Velocity Mattress and the price set out on the Velocity Website for
the replacement Velocity Mattress at the date of your request), you will be required
to pay the difference between the Velocity Mattress you purchased originally and
your chosen replacement Velocity Mattress. We also require you to pay an
administration fee of £45. We reserve the right to refuse the 60 Night Comfort
Guarantee to anyone associated with a mattress retailer/manufacturer/brand. Of
course, we grant you our 60 Night Comfort Guarantee without limiting your statutory
rights.
If you wish to return your Velocity Mattress within the 60 day period and replace it
with an alternative mattress from the Velocity Mattress range:
- You must inform us of your wish to return the mattress within 60 days from
the day you receive the mattress by calling the Harrison Spinks Customer
Service Team on +44 (0)113 2055 200 or by emailing them at
customerservice@harrisonspinks.co.uk.
- We will be deemed to have received your request from the date you speak
to us on the phone, send us the email or post the letter to us.
- If we have agreed to process the return and replacement, we will deliver the
replacement Velocity Mattress to you within 48 hours of payment by you of
the administration fee of £45 and the difference between the price of your
original Velocity Mattress and the price of your replacement Velocity
Mattress (if applicable), or at another time agreed with you. The method of
payment of the sums due from you will be notified by us.
- If you return your Velocity Mattress under the 60 Night Comfort Guarantee
and selected to have your old mattress taken away and recycled when you
placed your order, the cost of £25.00 for recycling your old mattress will be
deducted from the reimbursement you receive from us.
- We reserve the right to refuse the 60 Night Comfort Guarantee to anyone
associated with a mattress manufacturer/brand.
- We will not replace a Velocity Mattress as part of the 60 Night Comfort
Guarantee where the Velocity Mattress you return is stained, soiled or is
damaged in any way or in an unsanitary condition, however that stain,
damage or condition was incurred (unless it had been caused by us prior to
delivery). If we discover a stain or damage or that the Velocity Mattress is in
an unsanitary condition when we receive it from you, you will be required to
pay the price of the replacement Velocity Mattress in full. You must use a
mattress protector with your mattress to help keep it in good condition. You
should also review the care guide we have provided to you.
- You may request a replacement Velocity Mattress under the 60 Night
Comfort Guarantee only once. The 60 Night Comfort Guarantee will not apply
to the replacement Velocity Mattress provided to you, although your statutory
rights (as summarised at the start of these Terms) in respect of the
replacement Velocity Mattress will not be affected.