TERMS AND CONDITIONS 2018
Who we are
Sport Sleep Coach and R90 SleepKit are the company "trading as titles" for James Hale Ltd. Company registration No 9163558 England & Wales
Registered Office address: Baldwin's (Nottingham), 32 Eldon Business Park, Eldon Road, Attenborough, Nottingham, NG9 6DZ, United Kingdom.
UK Office: James Hale Ltd, 150a Melton Road, West Bridgford, Nottingham, NG2 6ER, United Kingdom.
You can contact us in writing by post or email to email@example.com.
The terms and conditions shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”) govern:
Your purchase and our supply of any of the goods (“Products”) listed on our website www.r90sleepkit.com and www.sportsleepcoach.com (“our Site”) from time to time; any sales by email, phone and person.
Your access and use of our Site, (collectively, the “Services”)
The following terms and conditions apply to all transactions between James Hale Ltd, and you, as laid out in (your “Order”). Any service or product order placed directly or indirectly indicates your acceptance of these terms and conditions.
Why should you read these Terms?
The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us via the Site (your “Order”).
You have to confirm that you can enter the agreement outlined in these Terms, by clicking to confirm during the checkout process. You agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms.
If you use the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.
Our Services are for consumers only
We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these Terms, you promise to us that you are a consumer and not acting in the course of a reseller.
How our contract is formed
Our acceptance of an Order occurs when we send you a confirmation email and give you an order number. It is at this point that a contract between you and us will come into existence – as noted above, this contract is governed and conditioned by these Terms.
Accurate and up-to-date information
All information you submit should be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you should inform us to maintain its accuracy.
If you become aware of, or suspect, unauthorised use of the site, through a breach of personal security, you should notify us immediately. This includes if you suspect or become aware of any unauthorised use of your details or any other breach of security.
UK Mainland Delivery
All our R90 SleepKit products are manufactured in the UK, by reputable supply partners who can meet our design and high standard material and manufacturing requirements. Our supply partners use reputable DHD couriers (Direct Home Delivery) to the door and operate Monday – Friday. We are not responsible for any partnering products on our site, including but not exclusive to, The Fine Bedding Company and Lumie
UK Mainland delivery is FREE on all orders of £75 and over, to a single address (excluding Northern Ireland). For all orders under £75, we charge a standard rate of £7.95 per order or item for each delivery address.
Our normal UK Mainland lead time is 7/14 working days, or quicker if we can, as all our products are made to order. Our lead times are an approximate guide at the point of order, when you would be advised of any delays in meeting these targets.
We can provide a bespoke delivery service on request, including a Saturday delivery between 8am -1pm which incurs a surcharge of approximately £35 dependent on the order placed and delivery location.
Any special delivery instructions can be included in your order and will do our best to meet those requirements.
All orders will be shipped using reputable parcel carriers and couriers providing, when possible, full tracking details and text alerts.
If for any reason you are not home on the day of delivery, a card will be left informing you of another delivery day or enabling you to contact the local carrier depot to reschedule another delivery or provide the option to collect. You will not be charged for a missed delivery service unless circumstances dictate otherwise.
All goods must be signed for and checked at the time of delivery. A signature will constitute acceptance of the goods received and thereafter you will be responsible for the care of your goods. Any damage must be reported at the time of delivery and no claims for damages can be made after 24 hours from receiving your products.
We use a number of supply partners to create the Unique R90 SleepKit products, completing some orders may therefore require more than one delivery. For logistical reasons, we reserve the right to split shipments, for orders including multiple products on one order.
Special Delivery Option
We provide an R90 Elite Installation service from £250 dependent on the order placed and delivery location. Contact firstname.lastname@example.org
Delivery of all products takes place at the front door of the property at the address specified for the delivery. This means that if the Products are being delivered to a flat or property with a reception/concierge, delivery shall take place at the front door of this property and not at the door of the specific property within an apartment block. We have no obligation to deliver any Products to anywhere else.
Provided that we deliver the products to the address you have specified in the order (or any other address agreed by us in writing) then the products will be deemed to have been delivered and we will not be liable to you for non-delivery of the products, to the fullest extent permitted by law. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you or is a person authorised by you to accept delivery of the products.
Contact email@example.com for all product order enquiries outside the UK Mainland. Details of your product order and a full delivery address is required including post/zip code in order to establish a shipping quote. If you wish to return an international order, you will have to cover the cost of shipping the products back to the UK, unless you received faulty products.
The prices on our UK website are in GBP and include all taxes (for example, our prices include VAT at the rate that is in force on the date you make a payment). The price that you will actually pay in respect of any Order will be the amount shown to you at the checkout page.
Sport Sleep Coach and R90 SleepKit reserves the right to change the prices shown for the Products at any time.
You can pay for your purchase by all means listed as and available on the Web Site. The account associated with your payment method will be charged at the time the Order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an Order by any other means than those offered on the Site.
You authorise us to charge your payment card account
By submitting an Order and providing us with your payment card details at checkout, you fully authorise us, via the Site to use those payment card details to pay for your Order and that such payment means legally giving access to sufficient funds to cover all costs of the Order. We cannot be held liable for any fraudulent use of the payment method used.
We reserve the right to suspend or cancel any Order and / or delivery if you do not make the necessary payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your Order.
Store your own records
It is your responsibility to save and print the certificate / receipt of payment if you want to keep the banking details of your Order as we won’t store these for you.
What happens if a Product in your Order is unavailable?
In case of unavailability of one or more Products after placing the Order, we will notify you by email or telephone and offer a replacement similar product of the same value or equivalent refund.
We are not liable for Product unavailability
In case of unavailability of Products before or after Order, (subject to the “Our liability” section of these Terms) R90 SleepKit will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
Please note that our Products’ warranties are provided at no additional cost and are in addition to the rights given to you by the law.
Returns, Refunds & Exchanges
We are under a legal duty to supply products that are in conformity with the contract formed by these Terms – although we offer additional warranties at no extra cost for a lot of our Products (that we feel are more generous than your basic legal rights) nothing in these terms will affect or limit such rights.
The Consumer Rights Act 2015 says that the Products must be as described, fit for purpose and of satisfactory quality. This means that during the expected lifespan of your Product you are entitled to the following:
Up to thirty days: if your goods are deemed faulty, then you can get an immediate refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your right to change your mind (Consumer Contracts Regulations 2013).
As you are purchasing the Products online you have a legal right to change your mind within fourteen days from delivery of the Products and receive a refund.
The Consumer Contracts Regulations 2013 do not entitle you to be reimbursed for the costs of returning products.
If you are not entirely happy with your purchase you have 14 days in which to return your product [unused and within its original packaging.] Please note that it may take up to 7 days for your bank to credit your account.
We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.
In the event that substantial damage has been caused to the product or if the product has been used then we reserve the right to refuse a refund or exchange.
The customer must cover the cost of returning products to our UK office, unless the products were received faulty.
Subject to these Terms (in particular, the restrictions outlined in the following section), R90 SleepKit and Sport Sleep Coach grants you a licence to use and access the Site on the basis that this licence is:
Not a commercial licence. You can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business);
Non-transferable. You can’t pass this right to someone else;
Non-exclusive. Other people can access and use the Site;
Revocable. We have the right to remove your ability to use the Site in accordance with these Terms; the licence does not extend beyond what has just been described above.
The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site and R90 SleepKit’s property that is comprised in the Site.
In particular, you agree that your use of the Site is subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes;
You shall not access the Site in order to build a similar or competitive website, product, or service; and except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, any content shown on the Site, and on the Products, themselves, are owned by James Hale Ltd, Sport Sleep Coach, R90 SleepKit or its suppliers.
Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (Intellectual Property).
JH Ltd and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
Copyright © 2017 James Hale Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties.
You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from us by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen during the Services.
Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; your key legal rights described below;
Defective products under the Consumer Protection Act 1987; or
Any other liability that cannot be excluded or limited by English law.
We are not liable for business losses
We only supply the Products and the Services for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for damage to the interior of your property
If you request that Products are taken anywhere beyond the inside of your doorstep, then this goes beyond the scope of the Services – such actions are undertaken at your own risk. Any such assistance is provided as a courtesy only and, to the fullest extent permitted by law, we shall not be liable for any damage to fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur.
We are not liable for events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission accident or act beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
We are not liable where you use the Products outside their intended use.
Should you use the Products in a manner which is not their intended use or, or what would be regarded as their intended use, or in accordance with recommendations then we shall not be liable for any loss suffered.
In relation to mattresses, this relates to any loss or damage suffered by not using the mattress on a suitable surface, bed base or frame.
Summary of your key legal rights
From to time to time, we may make changes to the Services or these Terms:
To improve or enhance any feature(s) of the Services; to ensure the ongoing viability of the Services; to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.
More significant changes
In addition, we may make certain more significant changes to the Services or these Terms, but if we do so and we consider these changes will materially or adversely affect you or your rights, we will notify you of such changes.
The timing of any significant changes
The Terms that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless: Any changes we subsequently make to these Terms or the Services have been required by law or governmental authority (in which case it will apply to orders previously placed by you); or If we have notified you of a change to the Terms that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.
Privacy and security policy
Other Terms & Conditions
Products may vary from their pictures.
We aim to give you the information you need to know the essential characteristics of the Products. The photographs of the Products on the Site should be as faithful as is possible to the actual Products themselves. However, given the digital mode of presentation, it is possible that your perception may not exactly match the relevant Product itself.
Compliance with UK Laws
All the Products are made to comply with applicable UK laws and regulations.
Headings and Interpretation
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
We may transfer our rights under these Terms to someone else
We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business.
We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. Nobody else has any rights under these Terms.
These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these Terms illegal, the rest will continue in force
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
Any delay enforcing our rights under these Terms, can still be enforced later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings?
These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.
If you have a dispute with us relating to our products or service offered, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: James Hale Limited, 150a Melton Road, West Bridgford, Nottingham, NG2 6ER, United Kingdom.
In the unlikely event that we are not able to resolve the dispute informally, you can refer to The European Online Dispute Resolution, which can be accessed at http://ec.europa.eu/odr
Sport Sleep Coach and R90 SleepKit discount codes are not available or redeemable when other offers or price reductions are in force. All prices and offers are correct at the time of the discount codes being published, we cannot take responsibility for discount codes published without permission on third-party websites.
Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication and are subject to availability. Codes cannot be used in conjunction with other offers and only one code can be used per order.
Protecting your Privacy
We are committed to protecting your privacy. We ask that you please read the following carefully to understand our views and practices regarding your personal data and how we, as data controller of your personal data, will treat it.
We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and other applicable data protection laws in the UK).
Data we collect from you directly
When you place an Order on www.r90sleepkit.com or www.sportsleepcoach.com (the “Site”) or you buy anything from us directly, in person, via email or by phone, we will ask for some or all of the following information: your name, email address, phone number and full and shipping and billing addresses, including postcode.
We also have a record of your password and IP address. If you buy from us, you will also be asked to provide payment information; this is to be collected by a third-party payment gateway and we do not see this.
We may also ask you sometimes to provide your age and possibly certain other personal details such as gender or where you heard about us.
Data we collect from your activity on the Site
Information on what you buy and how you use the Site.
- Information about your use of various Site services.
- Your communications with Sport Sleep Coach & R90 SleepKit.
- Other information related to your activity, such as which website referred you to us.
Data we collect from other sources
We may receive information about you from third party sources, such as data aggregators and from third parties to whom you have given permission to share your information or from whom you have given us permission to request your information.
For instance, by registering for the Site using Facebook or another social network, you grant permission to that network to share your details. Depending on the network rules and your settings on it, this may include data such as your date of birth, your marital status, the number of people in your household and other information.
Sensitive Personal Data
Sensitive personal data is defined by the Data Protection Act and includes details such as information related to your health, sexual orientation, religion, race or ethnic origin. For the most part, we will not need any Sensitive Personal Data in order to provide our services and we will not request it.
How we use the personal data
We collect personal data to provide the Site, the goods on the Site and services related to them, to customise and improve your experience with R90 SleepKit and Sport Sleep Coach, to make your experience as enjoyable and efficient as possible and for commercial purposes.
Certain information is required in order for the Site to operate. Some specific examples of information used:
Your address allows us to verify we can deliver to you and also to tell us where to deliver!
We use your IP address to prevent any spam, fraud or abuse of our site.
When you place an order on the Site we will ask you for your full name, your telephone number and shipping and billing addresses (among other things). On subsequent purchases, we may pre-populate these fields for you with the information previously provided. You always have the opportunity to amend any fields that we pre-populate at the point of purchase.
We use information collected by us on transactions you have completed, to monitor service quality levels and to provide service and support to R90 SleepKit and Sport Sleep Coach users in general and for individual sales.
Making your shopping experience as enjoyable as possible.
Here are some specific examples of how we use your data:
We keep details of purchases from us, and we may make this information available to you for your review and record-keeping purposes.
We may keep a record of your preferences, so you don’t need to reset these preferences every time you start shopping.
Paying attention to how you use the Site helps us to develop improvements to the Site and the goods and service we offer.
If you have been referred to us by a third-party website, we may keep a record of the website that referred you so that we may work out which websites refer more or less users to our Site. We may also have referral arrangements with certain third-party websites and referrers and we may use this data to fulfil obligations that we may have to these third-party websites or referrers.
We collect and track individual and aggregate information about shopping habits, products and service preferences and selections which users have made and the like. We use this information for the personalisation or general improvement of the goods and service we offer, but also for the purpose of business research. You can see more about aggregate information below.
We collect and track individual and aggregate connection information such as browser type and version, operating system and platform; other software and hardware information and the like. We use this information to understand how and when our users access our online services, and so we can further develop our Site and goods and services to suit.
Use of your email address
We use your email address to communicate with you. Some of these are service emails and are so we can communicate with you about Site updates or your activity on the Site.
For instance, we may send you service emails: Security of your personal information, notifying you of your etails, after you have made a purchase, to confirm the order and update you on the status of the order and its delivery, to send you information which you have asked for, to contact you about the status of ratings or reviews you have submitted.
Even if you opt out, we will still send you service emails about the Site itself and your activities on the Site.
Anyone wishing to complete a purchase via credit card on the Site must provide credit card information. We receive secure credit card acceptance and vaulting services from third party payment processers. We neither receive nor store any credit card details ourselves. Your payment details are received only by the third-party payment processor and are not shared with any third parties. The third-party payment processers will store your credit card details for use by you in future transactions or refunds.
All of the information we collect about you is stored on our secure servers and will be held securely in accordance with our internal security policy and the law.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Even if you opt out, we will still share your personal information as needed to operate the Site or as is needed for corporate or statutory purposes.
Corporate and Statutory Purposes
We may transfer our databases containing your personal information if we sell our business or part of it and engage in another similar corporate transaction. We will share personal information where we are required to share your personal data in order to comply with any legal obligation.
Obtaining Your Personal Information
You can request a copy of the personal information that we hold about you. Please note that we will need to see proof of identity before processing your request and that there may be an administrative fee (not exceeding the maximum permitted by law) for this. If you find any inaccuracies we will delete or correct them promptly.
Please direct your inquiries to:
Data Protection Request
150b Melton Road, West Bridgford, Nottingham, NG2 6ER, UK.
Questions or Comments?