TERMS AND CONDITIONS
means Tempur Sealy International Limited, a company registered in England and Wales, whose registered number is 04698814 and its VAT number is GB 835 5999 70 and whose registered office is at Caxton Point, Printing House Lane, Hayes, Middlesex UB3 1AP, a subsidiary of Tempur Sealy International, Inc.
Local content of the Website is managed and updated by respective licensees of the Tempur Sealy Group (their details available on request).
“Website” means www.tempur.com and/or any successor website “us”, “our”, “we”
refers to the Operator
“Content” has the meaning given in section 2.1 below
2.5 We do not accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. If you transmit to us, by email or otherwise, any communication or material, you will be deemed to have granted us and our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way we deem fit, including granting sub-licences to third parties. You agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice for any reason in our discretion, including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
3.2 We reserve the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any such modification or withdrawal.
4.1 You agree that you will not use the Website for the posting or transmission of any material of any kind which is: unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; in breach of our and/or any third party’s rights; and/or racially, ethnically or otherwise objectionable.
4.2 You agree that you will not:
4.2.1 upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files, other such similarly destructive features, or otherwise in any way damage, disable or impair the operation of the Website or our business or seek to do so; or
4.2.2 gain or attempt to gain unauthorised access, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures, to the Website, networks connected to the Website or any Content.
4.3 We will shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected of an offence in relation to use of the Website.
5. CUSTOMER INFORMATION
You are responsible for the accuracy and completeness of the personal information you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information, which you can access and update using your account.
6. YOUR ACCOUNT AND PASSWORD
6.2 You are responsible for the security and confidentiality of the password and other log-in information for your account. You accept responsibility for all activities which occur under your account. If you have any reason to suspect that your password has become known to someone else and/or that your account has been or is likely to be used without your authorisation, you should contact us immediately. We shall not be liable for any loss or damage resulting from a failure by you to protect the password and/or other log-in information for your account.
7. LINKS TO OTHER WEBSITES
8.1 While we endeavour to ensure that the information on the Website is accurate, complete and up to date, we do not warrant that this is or will be the case. We may, at any time without notice, make changes to the Website and/or or to the products and/or their prices described and available on the Website.
8.2 Illustrations, photographs, weights, dimensions and descriptions on the Website are intended as a general guide to our products. You acknowledge and agree that we do not promise that our products will be precisely in accordance with such guidance and without any variation at all. While we endeavour to ensure that our guidance is helpful and accurate there are many factors, such as minor changes in stock, on-going product development and even your own computer or other monitor technology that mean that actual products may vary slightly from the illustrations, photographs, weights, dimensions and/or descriptions on the Website.
9.1 All product prices on the Website are inclusive of VAT. On the product pages of the Website, the product prices are exclusive of any delivery charges. Products and prices shown on the website are for information only and do not comprise a binding offer on the part of the Operator. The Operator remains free to accept (or not to accept) an offer from a customer wishing to purchase any of the products advertised. Note that the Website does not currently accept orders (it is not operated as an online store) but is an information only website.
10. USE OF PRODUCTS
10.1 You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
10.2 You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
11.1.1 death or personal injury caused by negligence;
11.1.2 fraud; or
11.1.3 any breach of any terms implied by sections 12 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1982, any defective products under the Consumer Protection Act 1987 and/or any other statutory or other liability which cannot be excluded under applicable law.
11.2 To the maximum extent permitted by law:
112.1 the Website and the Content are provided “as is” without any warranties of any kind;
11.2.2 the products will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use, unless otherwise agreed between you and us); and
11.2.3 we exclude all other express and implied representations, warranties, conditions and other terms relating to the Website, the Content and the products.
11.3.1 the amount paid by you for the product (in store, or if applicable online); and/or
11.4.1 any indirect, punitive or consequential loss or damages;
11.4.2 any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
11.4.3 any loss arising from your use of the Website, including, without limitation, in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website;
11.4.4 any loss arising from failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our and/or the manufacturer’s instructions or using the products in a careless or negligent manner; and/or
12. INVALIDITY AND WAIVER
13. THIRD PARTY RIGHTS
14. TERMINATION AND SURVIVAL
16. GOVERNING LAW AND JURISDICTION
17. ENTIRE AGREEMENT