Current Policy: 6 September 2016
These Casper Sleep Terms of Supply apply to the ordering and supply of the products offered from time to time on this website (the “Site”) by Casper Sleep (UK) Limited, trading as Casper Sleep (“Casper”, “we”, or “us”). We are a limited company, incorporated in England. Our registered number is 10105739, and our registered office is at 5 New Street Square, London EC4A 3TW. Our VAT registration number is 245 4093 12.
If you have any questions about the Terms, please contact us at email@example.com.
We provide the Site in order to enable you to browse and purchase Casper mattresses (“Mattresses”), Mattress covers ("Mattress Covers"), pillows (“Pillows”), and sheets, duvet covers and pillow cases (“Sheets”) (collectively, the “Products”).
We have adopted a Privacy & Cookies Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy & Cookies Policy is hereby incorporated into these Terms by reference.
2. Accounts, Registrations and Passwords
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password and certain other personal information. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, you confirm that the information you provide to Casper upon creating an account and at all other times will be true, accurate, current and complete. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site via your account and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information of which you become aware or suspect. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Casper by e-mail to firstname.lastname@example.org.
We reserve the right to terminate your account at any time, without notice or liability. Termination will not affect any rights or liabilities either you or we already have by the time termination takes effect.
3. Product Information
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
If you have any questions about any Product, including, in particular, queries regarding the size or dimensions of any Product, please contact us at email@example.com. We strongly recommend that you contact us prior to placing an order.
4. Ordering and Availability
To order any Product you must be at least 18 years of age.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the Order and Pay button on the checkout page.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Order and Pay” button on the checkout page, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched ("Despatch Confirmation"). The contract between you and us in relation to the Product(s) ordered ("Contract") will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation.
5. Prices and Payments
The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed include taxes and delivery costs, unless you select expedited delivery (if available), in which case the appropriate delivery cost will be added to the total amount due at checkout.
Prices (and charges for expedited delivery (if available)) are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
Payment for all orders must be made by either (i) credit or debit card or (ii) through part-payment by instalments through Klarna, which option is available only if Klarna approves your credit application.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
All monetary transactions on the Site take place in Pounds Sterling (GBP)
6. Gift and Offer Codes; Referral Programme
From time to time, Casper may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on Casper.com, while supplies last, and subject to any merchandise exclusions or any other restrictions as may be determined and communicated by Casper at the point the offer codes are made available and/or on the Site in relation to the Products affected. Only valid offer codes provided or promoted by Casper will be honoured at checkout. Codes supplied or promoted by third parties unauthorized by Casper (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Casper is non-transferable and valid for single use on an item (or items) of merchandise as determined by Casper. Offer codes may not be combined; customers are limited to the use of a single offer code per order. Offer codes may not be used in conjunction with the Casper Referral Programme. Offer codes cannot be used towards purchase of non-branded merchandise or delivery charges. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid in showrooms or stores and are valid online only. Casper is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits will be allowed. The monetary value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where otherwise prohibited.
Spokespeople. From time to time, Casper may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. If you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Casper for their statements.
Referral Programme. Casper offers brand advocates the opportunity to refer friends to participate in the Casper Referral Programme. Participation in the programme is subject to the Casper Referral Programme Terms.
When you place an order for Products through the Site, the Products will be delivered to the address in the United Kingdom you designate as the “Shipping Address” during the check-out process.
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by courier and normally take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 7pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
Deliveries will be made to the ground floor room of your choice. Our courier will not be responsible for any additional carrying, unpacking or positioning of Product(s). You should check carefully, before ordering a Mattress, that its dimensions (allowing for packaging) will allow it to pass freely through the doorways, corridors and if, relevant, stairways of the delivery address.
You should be aware that Product packages may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8. Risk and Ownership
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
9. Cancellation Right; Returns
You may cancel an order for any Product(s) at any time before delivery and up to 100 days afterwards, beginning on the day you receive the Product(s). If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (see below).
To cancel a Contract, you must clearly inform us, preferably:
- in writing or by e-mail, giving us your name, address and order reference; or
- by completing our cancellation form available on the Site and returning it to the address specified in that form.
You must also return the Product(s) to us. You have a legal obligation to take reasonable care of the Product(s) you return while in your possession. Returned Product(s) must be in re-saleable condition. This means that, although you may have used (slept on) them, they must be free of tears, stains or other soiling (including odours). If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration up to the full price of the Product(s), from the refund to which you are otherwise entitled.
You can return any Product(s), free of charge, within 100 days of delivery to you, as follows:
- To return a Mattress, you can e-mail firstname.lastname@example.org and we will arrange to have our courier collect it from your address; or
- To return any other Product, you can log-in to your online account, click on the Returns page, select the item you would like to return, then follow the instructions to confirm the return. Once confirmed, you will receive an e-mail containing a free returns label for you to print and apply to the package, as well as a return receipt. Place the return receipt inside the package containing the returned Product, affix the returns label and drop off the package at any UPS delivery depot before the end of the 100-day period.
Details of the rights described above, and an explanation of how to exercise them, are provided in the Despatch Confirmation. Nothing in this section affects your legal rights.
10. Our Refunds Policy
If you cancel your order for any Product(s) us within the 100-day period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that the Product(s) have been collected by our courier or you have returned the Product(s) to our returns address (see above). We will refund the price paid in full (subject to any deduction we are entitled to make due to damage to the Product(s)), but not the cost of expedited delivery (if you selected it). If you choose not to use our free returns service, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
11. Faulty Products
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
12. Product Warranty
Without limiting section 11, and without in any way limiting your legal rights, all Products manufactured by us are covered by a warranty from us, for your additional peace of mind. Mattresses are covered by a 10-year warranty, Pillows by a 3-year warranty and Sheets by a 1-year warranty, calculated (in each case) from the date of purchase ("Warranty"). Please retain a copy of your order confirmation as proof of purchase.
The Warranty is for the benefit of the original purchaser of the Product and is not transferable by you to anyone else. The Warranty covers you, whilst you own the relevant Product, for the relevant time period set out above, provided the relevant Product is used only for its normal intended purpose.
The Warranty covers you against the following defects in materials and/or workmanship ("Defects"):
- deterioration causing the Mattress to have a visible indentation greater than two-and-a-half (2,5) centimetres that is not associated with an indentation or sag which results from use of an improper or unsupportive bed base. A Mattress must be continuously supported by a bed base sufficient to support the collective weight of the Mattress and user(s);
- any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling;
- any manufacturing defect in the zipper assembly of the Mattress Cover; and
- for Pillows and Sheets, any other defects in materials and/or workmanship.
The Warranty does not cover:
- normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress;
- normal increase in softening and settling of materials of the Pillow;
- normal wear and tear as a result of intended use (including, in the case of Sheets, through washing); comfort preference;
- Defects caused by physical abuse or damage to any aspect of the Product, including but not limited to, burns, cuts, tears, liquid damage, or stains; non-defective Mattress components (for example, if you purchase a Mattress with multiple components and only one component is defective, then we will only address the defective component);
- Mattresses expressly described on the Site as “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer; or
- Any Product (whether manufactured by Casper or not) sold by anyone other than Casper or one of its authorised retailers. Please contact us if you would like to check whether a given retailer is an authorised retailer.
- Any damage stemming from machine washing and/or drying the Pillow, including, but not limited to, the clumping together of the internal materials of the Pillow.
In the event of a Defect, you should e-mail us at email@example.com. You may be required to provide us with proof of purchase and evidence of the Defect. You may also be required to return the defective Product to us (but, provided the Defect is indeed covered by the Warranty, we will reimburse any returns costs you incur).
In the event of a Defect that is covered by the Warranty, our obligation under the Warranty will be to provide a repair or replacement (we will choose which, although Sheets are only replaced). Please note that replacement Mattress Covers may be provided in a colour different from the Mattress Cover you originally purchased. Repaired or replacement Products will be delivered at no cost to you.
If you wish to replace your defective Mattress with a more expensive Mattress (an “Upgrade Mattress”), then please let us know when you e-mail us to report the Defect. You will be required to pay the difference between the original purchase price of the Mattress and that of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress.
Repaired or replacement Products (but not Upgrade Mattresses) are subject to the same Warranty as the original Product, calculated from the date of purchase of the original Product. If you purchase an Upgrade Mattress, then you obtain a new Warranty calculated from the date of purchase of the Upgrade Mattress.
Nothing in this section affects your legal rights.
13. Our Liability
Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
14. Electronic Communication
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
15. Amendments to these Terms
From time to time we review and may amend these Terms. You will know if these Terms have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the top of this page. Your ordering of any Product constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of their terms. No change these Terms will affect any order you have already placed with us.
These Terms may not be varied except with our express written consent.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
18. Entire Agreement
These Terms and any document expressly referred to in them constitute the entire agreement between you and Casper with respect to each Contract. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
19. Dispute Resolution
These Terms are governed by English law. You agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
20. Contact Us
Please contact us with any questions you have about these Terms or an order you have placed, or ordering in general, or any after-sales request or enquiry using the contact details on the Site.
Any complaint should be sent by e-mail to firstname.lastname@example.org.
Model Cancellation Form
To Casper Sleep (UK) Limited, trading as Casper Sleep, of 2 Eastbourne Terrace, London W2 6LG, United Kingdom:
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods:
Ordered on* / received on*: _______________________________________________
Name of consumers(s): _______________________________________________
Address of consumer(s): _______________________________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________________________________________
* Delete as appropriate