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

6. 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.

 

 

1. 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.

 

2. 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.

 

3. 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).

 

4. 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.

 

5. 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.

 

6. 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.

 

7. 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.

 

8. 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.

 

9. 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.