Terms & Conditions

You agree to follow and be bound by the following terms and conditions and that they will apply to any and all orders you place with Nikoo Royeshe Asr. Each order is a separate legally binding contract. Please take the time to carefully read our terms and conditions so that you’re sure you understand them. If any aspect of our terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.

1. Definitions

• “You” or “Your” means the person named in the order to whom we are supplying the goods;
• “We”, “Us” or “Our” means Merit Sleep ltd;
• “Order” means your order for the goods;
• “Goods” means all products listed in the order;
• “Delivery” means the delivery of the goods to the delivery address specified in the order.

2. Orders

An email confirmation of your order will be sent automatically and, unless you are otherwise notified within 48 hours of this confirmation, the order will be deemed to be accepted by Merit sleep ltd.

3. Goods

• Due to manufacturing tolerances, mattress, pillow and accessory sizes may vary slightly from their stated dimensions.
• Comfort grading is for guidance only.
• When placing a mattress on a bedstead please note that there may be a gap around the edges; this is to allow for rotation and bedding.

4. Risk & Ownership

Responsibility for and ownership of the goods passes to you once they are delivered or collected.

5. Guarantee

Our guarantee covers normal domestic home use only and does not cover any defect in the Goods relating to fair wear and tear, wilful damage, accident, negligence by you, commercial use, failure to follow our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without our prior written approval. Our mattress guarantee starts from the date of your delivery and will last for 10 years. Our pillows and accessories guarantee starts from the date of your delivery and will last for one year. We guarantee that our products will:

• be fit for purpose;
• be free from defects in materials, design and workmanship;
• be of satisfactory quality;
• be fit for the purpose for which they are designed and supplied;
• be free from material defects in design, material and workmanship;
• Comply with all applicable statutory and regulatory requirements for selling the Goods in the UK and EU countries.
• If you inform us that the Goods have breached the guarantee, we will arrange for an inspection for verification purposes. If we find that the Goods have not breached the guarantee, we will decline any further action, but provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist.
• If you would prefer to use an inspection service of your choosing, then this must be done at your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.
• In the rare event that Goods are found to have breached the Guarantee, we will follow a fair and fast process. We will either repair or replace the Goods free of charge. Alternatively, we may choose to provide a full refund of the price paid by you. We will do our best to agree with you which remedy would be most appropriate.
• The Guarantee shall apply to any repaired or replacement Goods we supply to you.

6. Events Outside Our Control

We will not be liable or responsible for any failure to perform our obligations under the order that is caused by events outside our reasonable control. These include (without limitation) the following:

• delays caused by one of our suppliers;
• strikes, lock-outs or other industrial action;
• fire, explosion, storm, flood, snow or other natural disaster;
• Unavailability of shipping, aircraft, motor transport or other means of public or private transport; or unavailability of public or private telecommunications networks.
• Our obligations under these terms and conditions are suspended for the period that such events continue and we will have an extension of time to perform these obligations for the duration of that period.

7. Limitation of Liability

We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to your direct costs to repair that damage. Our total liability in connection with or arising from the order, whether in negligence or otherwise, shall be limited to the value of the goods. We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the order. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.

8. Alternative Dispute Resolution

If we have been unable to resolve your complaint for you, you may wish to use the Alternative Dispute Resolution Service.

9. Data Protection

We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We confirm that we are fully compliant with the Act.

Your information will be used to process your order, deliver your goods and/or to handle any claims made under the guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.

10. Contact us

For questions, requests to amend orders, requests to change delivery details, requests for refunds and all other queries you may contact us by emailing sales@merithome.co.uk or calling customer services on 01639813593.

11. Policy Disputes

All policy disputes regarding these terms and condition will need to be emailed to sales@merithome.co.uk

We will usually look to respond to all policy disputes within seven working days.

12. Fraud Prevention

Merit Sleep ltd retains the right to investigate any order placed on this website. Any such order will not be delivered until it is proven that the order is bona fide. Should we be unable to prove that an order is bona fide or to contact the buyer then the monies will be refunded to the original payment card used and the order will be cancelled.

For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting our terms and conditions you consent to these checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.

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13. Change of Address

Once you have placed your order, if you need to change your delivery address, you will have to supply us with the following information for security reasons:

• Valid photo ID
• A utilities bill with your name and new address