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TERMS AND CONDITIONS

TERMS AND CONDITIONS

You agree to be bound by the terms and conditions as laid out below and they will govern each Order that You place with us. Each Order is a separate legally binding contract. You should read these terms and conditions carefully and make sure You understand them.

If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.

These terms and conditions are governed by the laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts in their entirety. Your statutory rights are not affected.

1.1 In these terms and conditions and Your order confirmation (sale agreement) (which was given to You on the day You purchased the Goods), the following words shall have the following meanings:

"You", "Your" or “Buyer” means the person named in the Order to whom we are supplying the Goods in accordance with these terms and conditions;

"We", "Us" "Our" or “Company” means Serene Sleep Group Limited t/a Off to Bed, Unit 1A – 1D, The Hill Top Estate, Shaw Street, West Bromwich B70 0TX; 

"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.

2.1 The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason(s) without delay.

2.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

2.3 A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time, however, if you have not received your Order Confirmation, please check your SPAM / JUNK MAIL, if you still have not received your Order Confirmation, please contact us as soon as possible.

2.4 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing.

2.5 Changes to the Contract must be agreed by all parties and must be done in writing.

3.1 These terms and conditions apply to Orders placed online, over the phone or through a brochure only. 

3.2 It is your responsibility to check:

(a) the dimensions of all goods to ensure that they will fit into your property; and

(b) that additional services requested (such as assembly or disposal) are clearly noted in the Order. These will be shown separately. If they are not included in the Order then these services have not been purchased and will not be provided. These can be added by contacting Customer Services on 0121 505 9924.

3.3 A confirmation of your Order will be sent automatically by e-mail and, unless You are notified to the contrary within 48 hours of this confirmation, the Order will be deemed to be accepted by Serene Sleep Group Limited.

4.1 The description of the Goods is as set out in the Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

4.2 All Goods which appear on the Website are subject to availability.

4.3 You should be aware that:

(a) all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;

(b) mattress sizes may vary slightly from their stated dimensions due to manufacturing tolerances; and

(c) comfort grading is for guidance only.

(d) When placing a mattress on a bedstead please note that there maybe a gap around the edges; this is to allow for rotation & bedding.

(e) All our goods are handmade to order. We have a tolerance of up to 25mm -/+ on the width or length on all our Goods.

4.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. 

4.5 We guarantee (the "Guarantee") that for 12 months from the date of Delivery, the Goods will:

(a) be of satisfactory quality;

(b) be fit for the purpose for which they are designed and supplied;

(c) be free from material defects in design, material and workmanship; and

(d) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

4.6 The Guarantee covers normal domestic home use only and does not apply to any defect in the goods arising from 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.

4.7 If You inform us that the goods have breached the guarantee, we will arrange an inspection to verify this. If this inspection finds that the goods have 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.

4.8 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.

4.9 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 (if we choose) provide a full refund of the price paid by You for the goods. We will do our best to agree with You which remedy would be most appropriate.

4.10 The guarantee shall apply to any repaired or replacement goods we supply to You.

5.1 We reserve the right to refuse to apply any discount code at our discretion.

5.2 We will not apply more than one discount per order.

5.3 We will not apply expired discount codes or promotions.

5.4 We will not apply discount codes presented after Orders that have already been placed, or Orders that have already been received by You, the customer.

5.5 Discount codes are not redeemable for cash or credit.

6.1 If You have purchased clearance items, the price of these items reflects the fact that they may have sustained fair wear and tear and they cannot be returned or refunded unless faulty. In addition, these goods cannot be ‘comfort exchanged’.

6.2 Clearance items are sold with 3 month guarantee.

6.2 If a clearance item is deemed to have breached the guarantee, We will choose to either repair the item or refund the price paid for the item, as clearance items cannot be replaced with a full price item.

7.1 Full payment is required at the time the Order is placed and Serene Sleep Group Limited will collect this using the debit/credit card details supplied by the Buyer.

8.1 Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours prior to Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.

8.2 We can deliver to the majority of postcodes in mainland England, Scotland, Wales, and the Highlands and Islands but We may be unable to deliver to some locations. Please contact Us for more details.

8.3 Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of Order.

8.4 If, as a result of circumstances beyond our control, we are or reasonably believe that we will be unable to complete Delivery of the Goods, we will be entitled to cancel the Order and will provide You with a full refund of all amounts paid.

8.5 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the room of Your choice at the delivery address. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.

8.6 If we are unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, it may result in a fee of up to 50% for each item to cover the costs of transportation, manufacturing and administration being deducted from the refund. In the case of redelivery "If your delivery has been scheduled and you miss it, there will be a cost of £35 for redelivery. Before we can reschedule your delivery, the redelivery fee will need to be paid in full.

8.7 The Goods may require some assembly. If You have purchased an assembly service, this will be carried out by a provider selected by Us. If You have not purchased this service, it is Your responsibility to assemble the Goods. Please note that the availability of assembly services is dependent on the post code being delivered to.

8.8 You should inspect the Goods carefully upon Delivery. If assembled by Us or our provider at the delivery address, Goods will be deemed accepted once assembled unless You inform us otherwise at the time. Where Goods are not removed from their packaging or You have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted 7 (seven) days after Delivery.

8.9 We will notify You in writing or verbally once the Goods are planned for Delivery. If You fail take Delivery of the Goods on the agreed date, we will not store the Goods for any reason for longer than 28 days, of the goods being ready for delivery.

8.10 If You fail to pay the full price of the Goods or fail to take Delivery within 28 days of the original scheduled delivery date, We will be entitled to cancel the Order and You must pay all amounts stated in the Order in addition to our reasonable administration costs, which may be up to 20% of the cost of the Goods. This charge may, at least in part, reflect the price at which we are able to resell the Goods.

9.1 The collection and disposal of Your old beds/mattresses is an additional and chargeable service. All items for disposal must be wrapped as securely as possible in the bag(s) provided by Us at the time of Order. We reserve the right to refuse collection if items for are not wrapped or are still assembled in the property.

9.2 Under no circumstance should items for disposal be left exposed to the weather and become wet or soiled. We reserve the right to refuse collection in this instance. In addition Our delivery service driver may refuse to collect such items if they are reasonably concerned about contamination of other customer orders on the vehicle. In this instance a full refund of the charges for the disposal will be given but You will be responsible for the disposal of such items.

10.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered.

11.1 The Buyer may cancel the goods at any point after placing their Order, prior to delivery taking place. Intention to cancel can be notified to Serene Sleep Group Limited by:

Calling Customer Services on 0121 505 9924.

Alternatively you can send an e-mail to: customercare@offtobed.co.uk 

Writing to us at Off to Bed c/o Serene Sleep Group Limited, Customer Services, Unit 1A – 1D, The Hill Top Estate, Shaw Street, West Bromwich B70 0TX

Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.

Buyers can open the packaging to inspect a product on delivery, but, if they are then rejected, the Buyer must take good care of the Goods until they are collected by Serene Sleep Group Limited (or their agents).

The Goods must be unused, in their original condition and made available for collection at a time agreed with Serene Sleep Group Limited. The collection date should not exceed 21 days from the cancellation date.

Serene Sleep Group Limited will levy a collection charge of £75 for collection of the Goods. This will be deducted from the refund value of the Goods.

Alternatively the Buyer may return the Goods (at the Buyers cost) in their original condition and adequately packaged to prevent damage to:

Serene Sleep Group Limited, Unit 1A – 1D, The Hill Top Estate, Shaw Street, West Bromwich B70 0TX

Following collection or return, if the Goods are found to be damaged (and the damage is not the result of our actions), Serene Sleep Group Limited will seek to recover the cost of remedying the damage from the Buyer.

11.2 If Buyer completely opens packaging or assembles the Goods; it will be considered used. Cancelation may still be possible with 50% refund of the total invoice. 

11.3 In the situation mention in (11.2) Buyer can exchange the product with a different product on our website. A 25% restocking charge may apply to the original order.

11.4 The Buyer must re-pack the Goods and take good care of it until they are collected by Serene Sleep Group Limited (or their agents).

12.1 Refunds will be made to You as soon as possible and in any event within a period of 14 days from return of the Goods arriving to our warehouse.

12.2 If Goods have been delivered, then a refund cannot be made until we have collected the Goods.

12.3 Refunds are subject to a £75 collection fee, which will be deducted from the amount we will refund to You. 

12.4 If You participated in a linked saving offer (for example, buy a bed for £999 and get £200 worth of free bedding) You must return both items to get a full refund. If You only returned the bed in the given example, You would be refunded only £799 to cover the price of the bedding.

12.5 If You participated in a ‘multi-buy’ offer (for example, buy 3 items for the price of 2) You must return all the items to get a full refund. If You only return part of such an Order then any 'multi-buy' saving will be deducted from the amount of Your refund.

13.1 Our ‘Comfort Exchange’ guarantee applies to mattresses only. If at any time between 30 and 40 nights following Delivery (or collection) You inform Us that Your choice of mattress is proving uncomfortable, provided that You comply with this clause We will without quibble exchange it for an alternative mattress or divan set of the same size and for the same (or higher) value than the original.

13.2 Any difference in price between the original product and the replacement product must be paid at the time of re-selection. We cannot refund any difference in price if You select a lower priced product.

13.3 The 'Comfort Exchange' guarantee is subject to the following conditions:

(a) We are unable to process a Comfort Exchange earlier than 30 nights, as it can take this long for Your body to adjust to Your new bed and for the fillings to settle;

(b) the original mattress must be kept in perfect condition so We insist on the use of a mattress protector, We reserve the right to refuse a Comfort Exchange if a Mattress protector has not been used or the product is marked or soiled;

(c) collection and re-delivery charges of £75 will be applied to each 'Comfort Exchange';

(d) 'Comfort Exchanges' are limited to one exchange per product ordered.

14.1 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:

(a) delays caused by one of Our suppliers, except in the circumstances envisaged by clause 8.6;

(b) strikes, lock-outs or other industrial action;

(c) fire, explosion, storm, flood, snow or other natural disaster;

(d) unavailability of shipping, aircraft, motor transport or other means of public or private transport; or

(e) unavailability of public or private telecommunications networks.

14.2 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.

15.1 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.

15.2 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.

15.3 We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.

15.4 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.

16.1 Here are Serene Sleep Group Limited, we take your privacy seriously. For a more detailed explanation of how we will collect, use and store information relating to You, please see our Privacy Policy page To learn more about how we use cookies on our website, please check out our Cookie Policy page.

Overview

Serene Sleep Group Limited is committed to respecting your privacy rights. This privacy policy, which applies whether you use our website, or contact us by telephone or email, provides you with information about:

• what personal data we collect;

• how we use that personal data;

• disclosures of your personal data to third parties; and

• the legal basis on which we rely on to process your personal data

You do not need to take any action as a result of this privacy policy, but You do have certain legal rights as described below.

It is important that You read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about You so that You are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

This website is not intended for children and we do not knowingly collect or solicit data relating to children.

17.1 Important information and who we are

Who we are

Serene Sleep Group Limited is the “data controller” of your personal data (referred to as “we”, “us”, “our” or “Serene”, “Serene Sleep Group”, “Off to Bed”). In simple terms, this means that we: (i) “control” your personal data, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect your personal data, but only to the extent that we have informed You about the use or are otherwise permitted by law.

How to contact us or make complaints

If You have any questions regarding our use of your personal data (including any requests to exercise your legal rights), or this privacy policy, please contact privacy@offtobed.co.uk.

Our full contact details are:

Serene Sleep Group Limited, T/A Off to Bed, Unit 1A – 1D, The Hill Top Estate, Shaw Street, West Bromwich B70 0TX, FAO: Head of Customer Services

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We always appreciate the chance to deal with your concerns before You approach the ICO so please contact us in the first instance.

Changes to this privacy policy and your personal data

This privacy policy is regularly reviewed and was last updated on 01/12/2020

It is important that the personal data we hold about You is accurate and up-to-date. Please keep us informed if your personal data changes during your relationship with us.

Third party sites and links

Our website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about You. We do not control these third-party websites and are not responsible for their processing of your personal data. When You leave our website, we encourage You to read the privacy notice of every website You visit

17.2 The personal data we collect about you

The types of personal data that we collect, use and store about you will depend on the product or service you have with us. We collect the following personal data:

• your name, age/date of birth and gender;

• your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address;

• purchases and orders made by you;

• your on-line browsing activities on our website;

• your password(s);

• when you make a purchase or place an order with us (whether online or offline), your payment card details;

• when you enter a Off to Bed competition (online or offline), your name, email address or postal address and age declaration;

• your communication and marketing preferences;

• your interests, preferences, feedback and survey responses;

• your location;

• your correspondence and communications with Off to Bed; and

• other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).

• when you visit our head office, which have a CCTV system operated for the security of both customers and our staff. These systems may record your image during your visit.

The Off to Bed website is not intended for children and we do not knowingly collect or solicit personal data from anyone under the age of 16.

We do not collect any special category personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

17.3 How we obtain your personal data

Information You provide to us

We collect information about You directly when You provide it to us in correspondence and conversations (including via email and telephone) and through forms and contracts we may enter with You

Information we get from other sources

We collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.

In connection with an employment enquiry, we also collect data regarding your work authorisation status, education history, employment history and professional designations, and other information about your qualifications from third parties.

We may combine personal data that You provide to us with information that we collect from, or about You, in some circumstances. This will include information collected in an online or offline context.

17.4 How we use your personal data

We will only collect and process your personal data where we have the lawful basis to do so.

We use your personal data for the following purposes, and pursuant to the corresponding legal basis:

PURPOSE

LEGAL BASIS

To register you as a new customer.

Performance of a contract with you.

To process and deliver your Order including: (a) managing payments, fees and charges; and (b) collecting and recovering money owed to us.

(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to recover debts due to us).

To manage our relationship with you, which will include: (a) notifying you about changes to our terms or this privacy policy; and (b) asking you to leave a review or take a survey.

(a) Performance of a contract with you. (b) Necessary to comply with a legal obligation. (c) Necessary for our legitimate interests (to study how customers use and rate our products and services, to develop them and our business).

To verify your identify and to identify and prevent fraudulent transactions.

Necessary for our legitimate interests

To enable Off to Bed to manage customer service interactions with you.

Necessary for our legitimate interests (to understand how our customers use our products and services and improve our business).

Where we have a legal right or duty to use or disclose your personal data (for example in relation to an investigation by a public authority or in a legal dispute).

To comply with a legal or regulatory obligation.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

Improve our website and the products and services that we offer and notify you about changes to our services.

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

To keep a record of your relationship and purchase history with us.

Necessary for our legitimate interests.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

You will receive marketing communications from us if you have requested information from us or purchased products or services from us, or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have expressly consented to receiving that marketing.

We will get your express opt-in consent before we share your personal data with any company outside of Serene Sleep Group Limited for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by contacting privacy@offtobed.co.uk or by following the unsubscribe link on the message.

Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product or service experience or other transactions (which we will continue to process in order to perform a contract with you or as a result of our regulatory or legal obligations)

17.5 Who we share your personal data with

We will share your personal data with third parties as required by law or regulation.

We will also share your personal information with the parties set out below for the purposes set out in this privacy policy:

• Registered credit reference agencies in order to identify and prevent fraudulent transaction, such agencies which may keep a record of that information (although a credit check is not performed and your credit rating will be unaffected);

• Affiliates and certain external third party service providers and professional advisors, including:

• Shopify

• Trust Pilot

In order to provide services on our behalf; and third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We make sure any third party that provides a service to or for us, which involves the processing of your personal data:

• enters into an agreement with us and meets our standards for data security;

• does not use your personal data for any purpose other than the clearly defined purpose relating to the service that such party is providing;

• does not share your personal data with any organisation without our consent (apart from us); and

• holds your personal data securely and retains it only for such period of time as we instruct.

17.6 How we keep your personal data secure

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. On our website this includes ensuring that all transactions are secure, with details that you send to us being encrypted and sent across a secure connection. You can see that the shopping bag and checkout is a secure area of our site because a padlock symbol or key will appear in the top or bottom of your browser. This means that the information you send us cannot be read by anyone other than the Off to Bed team.

We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We also train and instruct our employees that all personal data must be handled in accordance with this privacy policy and applicable privacy and data protection laws, and any misuse by employees is subject to disciplinary action.

We have put in place procedures to deal with any suspected personal data breach and will notify You and any applicable regulator of a breach where we are legally required to do so.

17.7 How long we retain your personal data for

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

[In some circumstances we may anonymise your personal data (so that it can no longer be associated with You) for research or statistical purposes in which case we may use this information indefinitely without further notice to You].

For further information on how long we retain your personal data for, please contact privacy@offtobed.co.uk.

17.8 International transfers of your personal data

We share your personal data with our partners, for example: Shopify, Salesfire, Trust Pilot, in the legitimate business interests of managing the performance of the Off to Bed website. Please note at times these partners maybe/are based outside the European Economic Area in the U.S. and that transfers of your personal data to such partner companies will be made in accordance with the applicable data protection legislation. For information on the safeguards applied to such transfers, please contact privacy@offtobed.co.uk.

17.9 Your legal rights

You have the right to access the personal data we hold about You, and there are a number of ways You can control the way in which and what information we store and process about You.

We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at privacy@offtobed.co.uk.

• Access: You have the right to ask for a copy of the personal data that Off to Bed holds about You free of charge, however we may charge a ‘reasonable fee’ if we think that Your request is excessive, to help us cover the costs of locating the information You have requested. We will respond to Your request as soon as possible and (save for in certain circumstances) within one month.

• Correction: If there are any inaccuracies in the information we hold about You, please contact us and we will correct them.

• Deletion: If You think that we shouldn’t be holding or processing Your personal data any more, You may request that we delete it. Please note that this may not always be possible due to legal obligations.

• Restrictions on use: You may request that we stop processing Your personal data (other than storing it), if: (i) You contest the accuracy of it (unless the accuracy is verified); (ii) You believe the processing is against the law; (iii) You believe that we no longer need Your personal data for the purposes for which it was collected, but You still need Your data to establish or defend a legal claim; or (iv) You object to the processing and we are verifying whether our legitimate grounds to process Your personal data, override Your own rights.

• Object: You have the right to object to processing of Your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about Your particular situation which makes You want to object to processing on this ground as You feel it impacts on Your fundamental rights and freedoms. You also have the right to object where we are processing Your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process Your information which override Your rights and freedoms.

• Request the transfer: If You wish to transfer Your personal data to another organisation (and certain conditions are satisfied), You may ask us to do so, and we will send it directly if we have the technical means. Please note that this right only applies to automated information which You initially provided consent for us to use or where we used the information to perform a contract with You.

• Withdrawal of consent: If You previously gave us Your consent to allow us to process Your personal data for a particular purpose, but You no longer wish to consent to us doing so, You can contact us to let us know that You withdraw that consent. However, this will not affect the lawfulness of any processing carried out before You withdraw Your consent. If You withdraw Your consent, we may not be able to provide certain products or services to You. We will advise You if this is the case at the time You withdraw Your consent.

17.10 Glossary

TERM

EXPLANATION

Personal Data

means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (‘anonymous data’).

“Legitimate interest ”

means the interest of our business in conducting and managing our business to enable us to give You the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on You (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on You (unless we have your consent or are otherwise required or permitted to by law).

“Performance of a contract ”

means processing your personal data where it is necessary for the performance of a contract to which You are a party or to take steps at your request before entering into such a contract.

“Comply with a legal or regulatory obligation ”

means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

18.1 For questions, requests to amend Orders, requests to change Delivery details, requests for refunds and all other queries You may contact Us by:

(a) calling Our customer services on 0121 505 9924;

(b) writing to Off to Bed Customer Services at the address set out in clause 1

19.1 All policy disputes regarding these Terms and Condition will need to be put in writing to:

Head of Customer Services, Off to Bed , C/O Serene Sleep Group Limited, Unit 1A – 1D, The Hill Top Estate, Shaw Street, West Bromwich B70 0TX.

We will usually look to respond to all policy disputes within 10 working days.

Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.

Serene Sleep Group Limited retains the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should Serene Sleep Group Limited 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 these terms and conditions You consent to such 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.

A credit check is not performed and your credit rating will not be affected. All information provided by You will be treated securely and strictly in accordance with the Data Protection Act 1998 and the General Data Protection Regulation (EU) 2016/679 (GDPR).

22.1 The company shall have and shall retain the property, copyright, and all other intellectual or industrial property rights in any drawings, designs, plans, proofs, models, prototypes, photography, videos, catalogues, brochures, instructions and literature.

22.2 The customer shall indemnify the company from all actions, costs, claims, demands, expenses and liabilities whatsoever arising from any actual or alleged infringement brought in connection with clause 22.1 above.

22.3 Consent must be granted by the company, prior to the use of any images or material belonging to Serene Sleep Group Limited.