Terms and Conditions

Terms

We are Woohoo Furniture Ltd. (a company registered in Scotland, England, Wales and Northern Ireland (company number SC690741), whose registered office is at 124 Eucal Business Centre, Craigshill Rd, Livingston EH54 5DT .

Please read these terms carefully. They apply to your use of our website, woohoofurniture.co.uk (“Website”); any purchases you make via our Website; or any products you seek to return. These terms tell you who we are, how we will provide products to you, how you and we may change the contract, what to do if there is a problem and other important information. If you have any questions, please contact us by emailing info@woohoofurniture.co.uk

1. General

1.1 For the purpose of these terms, the following words shall have the following definitions:

1.1.1 ‘we’, ‘us’ or ‘our’, whether or not capitalized, refers to Woohoo Furniture Ltd;

1.1.2 ‘you’ or ‘your’, whether or not capitalized, refers to the person using our Website to buy Products from us;

1.1.3 ‘Parties’ refers to both Woohoo Furniture Ltd. and you;

1.1.4 ‘Product’ or ‘Products’ refers to any SleepLaForza mattress, Viscogel pillows, and every other products for sale in our website. 

1.1.5 ‘Special Delivery’ refers to any delivery option that is not the standard and least expensive method for delivery provided in the territory of sale.

1.2 By accessing our Website or purchasing Products on it, you agree to be legally bound by these Terms and any documents referred to therein. Our Privacy Policy, delivery information, returns policy (as detailed on our Website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.

1.3 You may only buy Products from our Website for non-business reasons. If you wish to buy our Products for your business, you should contact us on the details at the bottom of these terms to discuss our business to business terms.

1.4 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us when ordering.

1.5 Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms.

2. Ordering Products from us

2.1 When placing an order on our Website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract. Although we may be able to amend your order details after your order has been made, we are under no obligation to do so.

2.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that your order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.

2.3 We may contact you to say that we do not accept your offer. This may be for reasons which include, but are not limited to, the following.

(i) the Products are unavailable;
(ii) we cannot authorize your payment, for fraud/security reasons or otherwise;
(iii) you are not allowed to buy the Products from us;
(iv) we are not allowed to sell the Products to you;
(v) you have ordered too many Products;
(vi) there has been a mistake on the pricing or description of the Products (where permissible under applicable law)

2.4 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we elect to do this or are required to do this, we will notify you within a reasonable period and not charge you for the Product. 

2.5 We require certain information from you so that we can supply Products to you, including without limitation, your address, email address and phone number. If you supply incomplete or incorrect information, or do not supply the necessary information within a reasonable time of us asking for it, we may end the contract. We will not be responsible for supplying the Products late if this is caused by you giving us incomplete or incorrect information or where you fail to provide the necessary information within a reasonable time of us requesting it. 

2.6 A legally binding contract will only exist between the Parties where we have received payment in full, and you have received a shipping confirmation email. At this point, the contract is active, and we will make the necessary arrangements to dispatch the Products to your stipulated delivery address, provided that your order clears our fraud check process. We will also provide you with an order number. It will help us if you can tell us your order number whenever you contact us about your order.

3. Payment

3.1 We accept payment via methods set out on our website, which may be varied from time to time. 

3.2 We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.

3.3 Where you have paid by with a credit card or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit card or debit card.

3.4 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 7 days of receipt of payment.

3.5 If your payment is not received by us, and you have already received the Products, you must pay for the Products within 14 days, or return them to us as soon as possible. If this occurs, you must keep the Products in your possession, take reasonable care of them (following any instructions or manuals given with the Products), and not use them before returning them to us.

3.6 Failure to return Products which have not been paid for within 14 days, entitles us to collect the Products from you at your expense, including any loss of value the Products may have incurred while in your possession.

3.7 The price of the Products is listed and payable in pounds sterling (£)(GBP).

3.8 The price will includes VAT (and other applicable taxes) at the applicable rate, and the cost of standard delivery. The price excludes the cost of any Special Delivery of the Products .

3.9 Details regarding our delivery options, including Special Delivery, please contact us by emailing info@woohoofurniture.co.uk

3.10 It is always possible that, despite our best efforts, a Product may be incorrectly priced. If any Product’s correct price at your order 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 unmistakeable, and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums paid, and require the return of the Products.

 4. Discount Codes and Promotions

4.1 Any discount code offered by us in relation to our Products is offered on the basis of our goodwill, and we reserve the right to refuse to apply any discount code at our discretion.

4.2 Without prejudice to clause 4.1, a discount code will not be applied in circumstances which include, but are not limited to, the following.

4.2.1 where the discount is a set monetary value and there is not a mattress in the purchase order;

4.2.2 where a discount has already been applied to the purchase order (including in the case of a Product bundle). For clarity, Woohoo will not apply more than one discount per order (a Product bundle constituting one discount);

4.2.3 where the expiry date, as specified in the material accompanying the discount code, has passed; or

4.2.4 where the order has already been placed and payment has been received.

4.3 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

 5. Delivery

5.1 Standard delivery of Woohoo Products should be free of charge to addresses within the UK, unless a Special Delivery option is selected, or where delivery is to a postcode prefix which follows in Clause 

5.1.1. Please note that delivery charges remain under constant review, and where surcharges to Woohoo for a relevant area are applied, Woohoo may pass these on to customers within these areas. For confirmation, please contact us by emailing info@woohoofurniture.co.uk. Delivery, standard or otherwise, to addresses in postcodes with prefixes BT, GY, HS, IM, IV, JE, KA, KW, PA, PH, SI, TR, and ZE may be subject to additional charges.

5.2 Claims should be made to the original point of sale of any Product. For example, a replacement for a defective mattress purchased on our website should be claimed directly from us by emailing info@woohoofurniture.co.uk. Replacements for defective Products purchased through an authorised retailer should be claimed through that authorised retailer. If there is any doubt as to who to contact for a return, please contact us by emailing info@woohoofurniture.co.uk prior to returning or attempting to return your Product.

5.3 The estimated date for delivery of the Products will, unless otherwise specified, be the next date available to you, and will be set out in the Shipping Email. The date for delivery should be within 3 months of the purchase date. Delivery shall be executed without undue delay.

5.4 Our delivery partners will communicate the specific time window for delivery to you directly.

5.5 If you want us to deliver to a different address than to the address to which you ordered your Products, you should notify us by email or by call. We make no assurance that we will be able to change the delivery address in time for an order to be directed to a different address than to which you ordered in the first instance.

5.6 Requesting a change to your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks. 

5.6.1 Some payment providers may have specific terms or rules which preclude us from changing the delivery address after you have made your order. 

5.6.2 At our discretion, or upon the request or instruction of our payment providers, a request to change your delivery address may result in a full or partial cancellation of any order.

5.7 In the unlikely event that something outside of our control impacts the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. We will take all reasonable steps to minimise the impact of such delay, and provided that we do this, we will not be liable for delays caused by events which are outside our control. Nothing in this clause affects your legal rights to cancel the contract.

5.8 Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. Responsibility for the Products passes upon completion of effective delivery.

5.9 Where delivery is completed by a “1 person service” delivery partner (such as UPS), delivery will be to the doorstep of the property at the given address. If, at your request, the Products are taken anywhere else on the property when delivered, then we and any “1 person service” delivery partner’s employees, agents, or contractors. will not be liable for any damage to fixtures, fittings or the structure of the property (to the extent possible under applicable law). We accept no liability for the conduct of any “1 person service” delivery partner’s employees, agents, or contractors when delivering Woohoo Products.

5.10 Where delivery is completed by a “2-person service” delivery partner (such as Expert Logistics Limited t/a AO Logistic), delivery will be made by two persons to your doorstep or to a room of your choice inside the address. We request that 2-person service deliveries are accepted by an adult. If you wish for a minor to take the delivery, please be aware that 2-person service staff may enter the property to carry out their duties. We accept no liability for the conduct of any “2-person service” delivery partner’s employees, agents or contractors when delivering Woohoo Products.

5.11 The person or persons executing delivery may not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly.

5.12 If nobody is available to take delivery, please contact us by emailing info@woohoofurniture.co.uk. We will contact you to notify you of how to rearrange delivery of the Product. If, despite our reasonable efforts, we are unable to contact you to rearrange delivery, we may elect to end the contract.

5.13 Unless otherwise mutually agreed, if we cannot deliver your Products within 30 days of the date you requested, we will notify you by email, cancel your order, and give you a full refund.

5.14 We accept no liability for any consequential losses incurred during a delivery, or in relation to you or any other person waiting for a delivery (including, but not limited to, losses incurred owing to time taken off work, or time taken as annual leave, to wait for a delivery of any Products, whether or not the delivery occurs).

 6. Changes to the Contract

6.1 If you wish to make changes to, or wholly substitute, a Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply, or any other necessary information which results from your requested change, and we will ask you to confirm whether you wish to go ahead with the change.

6.2 We may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.

6.3 If we must make significant changes to the Products or these Terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

7. Right to cancel and return

7.1 As a statutory minimum, you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products without giving any reason. However, this must be read and understood in conjunction with Clause 7.2 below, return delivery charge will be deducted from customer.

7.2 Should you wish to return any Viscogel pillow, TV Unit, Sleep Like a Bear Mattress, carpets, Side tables, or any other Woohoo products, the Product must remain ‘as delivered’ and, where possible, in its original packaging. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we consider that specific Products which are listed in this clause 7.2 are not suitable for return where they have been used because of hygiene reasons and, as such, we reserve the right to refuse any returned  products which has been unsealed after delivery, or which exhibits any evidence of use within the first 14 days. 

7.3 We may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, deduct any value lost as a result of your unreasonable handling of any Woohoo products (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning). If we elect to refund you the price paid before we can inspect the Products, and we later discover that you have handled them in an unacceptable way, we will require you to pay an appropriate amount for the value lost.

7.4 To exercise your right to cancel, you must clearly notify us of your intention to cancel within 14 days of the date of delivery by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice must include: your name; address; order number; date of order; date that the relevant Product was received.

7.5 Following a notice of your intention to return any Product, collection must be arranged and executed not later than 14 days from the date that you notified us of your intention to cancel. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract. 

7.6 Any return of Woohoo Products; may only be made in the territory in which the Products were delivered, and to/via the original point of sale from which they were bought. For example, Products purchased on our website should be returned directly to us by first emailing info@woohoofurniture.co.uk to arrange the return. Products purchased from an authorised retailer should be returned to that retailer, after establishing the authorised retailer’s return process by using the contact details located on the authorised retailer’s website. If there is any doubt as to who to contact for a return, please contact us by emailing info@woohoofurniture.co.uk prior to returning or attempting to return any Product.

7.7 Delivery and collection of Products must occur to and from the same address, and save exceptional circumstances, which must be communicated to us in advance, collections must be completed during the same visit as the delivery

7.8 Where you return a Product which is not in a returnable condition as set out in clause 7.2, we will, upon your request, send that Product back to you; however, the expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 30 days, we may dispose of any such Product which is not in a returnable condition as set out in clause 7.2 responsibly.

7.9 Ensuring that any product is in a returnable condition in line with clause 7.2, irrespective of the way in which the return is carried out, is your responsibility. We may decline to accept any product which has been damaged in any circumstances prior to Woohoo or Woohoo's agents taking possession of a Product (including, but not limited to, allowing a Product to become damaged, or where your actions contribute to or cause the loss or theft of any Product, such as where you leave any Product outside your premises for collection).

 8. Effects of Cancellation

8.1 If you cancel your contract for sale of a Product in accordance with clauses 7 subject to these Terms, we will refund to you all payments received from you in relation to the contract, including the costs of delivery, except for any supplementary costs arising because you chose a Special Delivery option pursuant to clause 5.1, or your order is in respect of delivery to certain postcodes with prefixes set out at clause 5.1.1.

8.2 We will refund you without undue delay, and on the proviso that you provide all information needed (including, but not limited to, providing correct bank details) and do not otherwise frustrate the process (via means including, but not limited to, initiating a chargeback while your refund is in progress), not later than:

8.2.1 14 days after the day we received back from you any Products supplied, or

8.2.2 If earlier, 14 days after the day you provide evidence that you have returned the Products, or

8.2.3 if there were no Products supplied, 14 days after the day on which you notified us of your intention to cancel the contract.

8.3 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement, save those specified in clause 9.1.

8.4 If you have received a Mattress, bed frame, or any other product, and you wish to cancel your contract pursuant to Clause 7 we will ask you to communicate with our third-party providers to arrange an appropriate date for collection, which must be no later than 14 days from the day on which you communicate your cancellation. If the date you proposed is agreed by us or with our third party providers, we will collect the Products using our third party providers on the date stipulated without undue delay. 

8.4.1 Failure to communicate with, or adequately engage with us, or our third-party providers to arrange collection and complete the collection within the period allowed, or where you decline to do so, may void your opportunity to a return the product.

8.5 For the purposes of mattress, bed frame, or other product collection, you are responsible for ensuring that the conditions and arrangement of your property are such that your mattress, bed frame, or bed base, or any other Woohoo products can be collected safely and without damage to your property, or to any fixtures, or any other items at your property. If a collection is reasonably deemed to carry more than a trivial risk of damage to your property, or to any fixtures or items at your property, by the collection agent, then you may be required to sign a disclaimer absolving the collection agent of liability in respect of the collection and any damage which results therefrom. Refusal to sign such disclaimer will result in the collection not being executed. Neither Woohoo Furniture nor the collection agent will have any liability in respect of the foregoing circumstance, and this may be treated as a failure to engage with us in respect of the collection under Clause 9.4.1.

8.6 If you have received a product it can be packaged as a standard parcel, and returned to us via certain returns service providers. To confirm which services Woohoo Furniture currently offers to facilitate returns, please contact us via info@woohoofurniture.co.uk.

9. Pachaging

9.1 You may be responsible for packaging and passing the Products to our third-party collection company, depending on which Product you are returning. You may be responsible the Products prior to collection by our third-party providers. It must be with the original package, unless it is a faulty item. Please contact us by emailing info@woohoofurniture.co.uk for further information. We ask that you retain the original packaging for the purposes of returning a Product. If this is not possible, please package the Product in suitable alternative packaging.

9.2 We accept no liability for the conduct of any agent or contractor involved in collecting Woohoo Products.

9.3  Large items such as furniture items other than mattresses (including, but not limited to, bed frames) may need to be disassembled in accordance with our most up to date instructions before collection or return. 

9.4 Product specifications are subject to change, so prior to commencing disassembling any Products, contact us by emailing info@woohoofurniture.co.uk for information on where to find up to date instructions for the specification of goods which you are disassembling. 

9.5 Woohoo will not reimburse customers for expenses incurred in the disassembly of any Product (including, but not limited to, circumstances where a customer engages a third party to complete any disassembly for the customer), or any loss, injury, or damage connected with the disassembly or attempted disassembly of any Product.

10. Nature of the Products

10.1 Consumer Rights law requires that, as a statutory minimum, Products supplied to you must:

10.1.1 be of satisfactory quality;

10.1.2 be fit for purpose;

10.1.3 match the description, sample or model.

10.2 We undertake to ensure that all Products we provide meet, if not exceed, your basic consumer rights.

10.3 Any Products supplied to you at discount prices as substandard will be identified as such. Please check that they are of a satisfactory quality for their intended use prior to their use.

10.4 Mattress sizes may vary slightly from their stated dimensions by up to 2cm, in line with standard manufacturing tolerances.

10.5 Our Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.

10.6 The packaging of our Products may vary slightly from that shown in images on our website.

10.7 Some Products including, but not limited to, bed frames, will require assembly. Woohoo will not reimburse customers for expenses incurred in the assembly of any Product (including, but not limited to, circumstances where a customer engages a third party to complete any assembly of a Product for the customer), or for any loss, injury, or damage connected with the assembly or attempted assembly of any Product.

11. Faulty Products

11.1 Should your product exhibit defects during its expected lifespan (Mattresses), you are entitled to:

11.1.1 a full refund within 14 days of purchasing the Product; 
11.1.2 a replacement or repair within 1 months of delivery of the Product. If this is not possible, then you will be entitled to a full refund; or
11.1.3 after 1 months have passed from the date of delivery of the Product, you may still be entitled to replacement or repair. Alternatively, if this is not possible, you may be entitled to receive some money back.

You rights under paragraph 11.1 will cease entirely after 6 years from the date of delivery of the Product.

11.2 Nothing in this contract affects your statutory rights. You may also have other rights in law.

11.3 For more detailed information on these rights and what you should expect from us, please visit our FAQ pages; contact us by emailing info@woohoofurniture.co.uk, or, if you are a UK customer, visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06

11.4 Beyond your statutory rights, Woohoo provides guarantees in respect of certain Products as set out in Clause 12.

12. Guarantees

12.1 Woohoo guarantees to replace any Sleep Like a Bear Mattress which exhibits a material defect, as may be determined by Woohoo's independent inspection agent, within 10 years of the delivery date, subject to the full terms set out in our website.

12.2 Woohoo Furniture guarantees to replace any faulty Pillow which exhibits a material defect within 1 year of the delivery date subject to the full terms set out in our website.

12.3 Woohoo guarantees to replace any faulty Products which exhibits a material defect within the period of the manufactory warranty.

13. End of the contract

13.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract.

13.2 Save specific exceptions, we are not legally responsible for any losses that:

13.2.1 were not foreseeable to the Parties when the contract was formed;
13.2.2 were not caused by any breach on our part;
13.2.3 are business losses; or
13.2.4 are losses to non-consumers.

13.3 Nothing in clause 13.2 limits our liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights or in any other circumstances where it would be unlawful to do so.

We accept liability for damages caused by us; our statutory representatives; our employees or our agents for an unlimited amount in the case of intentional or gross negligence, as well as (regardless of the grade of culpability) in the case of injury to life, body or health and in the case of guarantees and liability under the UK Product Liability Act. For cases of slight negligence, liability is limited to the typical foreseeable damages at the time this contract was made.

14. Disputes

14.1 We will try to resolve any disputes with you quickly and efficiently.

14.2 If you are unhappy with any Products supplied; your customer experience or any other matter please contact us as soon as possible by email at info@woohoofurniture.co.uk

14.3 If you are a customer in the EU, you may be entitled to seek to settle the consumer dispute with us out-of-court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.

14.4 These Terms are governed by the laws of the UK, For residents in this jurisdiction, any dispute in relation to this contract will be heard by the courts of the UK.

14.5 Where you are resident in a non-UK jurisdiction, you will also benefit from the mandatory consumer protection laws afforded to you in that jurisdiction.

14.6 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.

15. Third party rights

15.1 No one other than a party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

16. Intellectual Property

16.1 Woohoo Furniture Ltd. Woohoo, Sleep Like a Bear, and the Woohoo logo, among others, are registered trademarks of Woohoo Furniture Ltd. in certain jurisdictions. Our Website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.

16.2 Copyright subsists in all Woohoo's webpages including the images and texts featured therein.

17. Data Protection

17.1 we will only use your personal information as set out in our Privacy Policy in our website/

17.2 If you don't understand any of this contract and/or want to talk to us about it, or want to discuss business to business terms, please contact us by emailing info@woohoofurniture.co.uk. 

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Woohoo Furniture (registration number: SC690741) of 124 Eucal Business Centre, Craigshill Rd, Livingston, United Kingdom EH54 5DT.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

 These Terms have effect from 01 January 2023.