Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.latexsense.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" on our checkout page if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
These conditions do not affect your statutory rights as a Consumer.

1. Website Operator
This website is operated by Yanis Foams and Mattresses Ltd, with registered office Unit 19-20 Hayleys Manor, Upland Road, Epping, CM16 6PQ, UK, company registration number 4788446, VAT registration number 814893014. The trading address which is also our showroom location is 108 Chase Side, London, N14 5PH. Our factory is located at Unit 19-20 Hayleys Manor, Upland Road, Epping, CM16 6PQ.

2. Overview
We have taken care the website is correct. If we have made an error, let us know and we will correct it. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to amend the terms and conditions applying to the goods purchased on our website at any time, and any such change will be effective on all orders placed after such terms and conditions have been published on this website. We recommend that you check the terms and conditions periodically to ensure that you are aware of any comply with the current version, and to keep up to date with any new incentives offered with regards our service.


3. Customer service

If you have any queries with your order or about the terms and conditions please send an email to sales@latexsense.co.uk or call us on 0208 450 7662. Letters can however be sent to:

Latex Sense

108 Chase Side

London

N14 5PH


4. Purchase and Payment
Full payment is required at the time the order is placed and Yanis Foams and Mattresses Ltd will collect the payment from the debit/credit card details supplied. All Prices and charges on this site are in British pounds and include any V.A.T payable at the prevailing rate.  After you've have placed an order through our website you will receive an order acknowledgement from us. This acknowledgment, simply acknowledges that your order has been received and is not an acceptance of that order. Once the payment is accepted, a third party system runs some further security checks. Depending on the results of these checks, the order may be cancelled or put on hold and further details may be requested from you. This is to protect you and us from any fraudulent activity.

When we have received payment in full for each relevant order placed by you, together with the cost of any associated delivery charges, we will issue you with a despatch email, and only at this time is your order accepted by us.

We reserve the right to refuse orders prior to acceptance. In these circumstances any payment made will be refunded to the card used for payment.

 

5. Price

The price of any Products will be as quoted on our website and may change from time to time.

These prices include VAT at the standard rate.

Prices include delivery costs.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our website contains a large number of products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been

6. Description of Goods
The description of the goods will be as specified within the confirmation e-mail and it is the Buyers responsibility to check that the Goods specified are as the Buyer intended to order. All sizes given are approximate and the Buyer should satisfy themselves that the goods will fit into the delivery address. The normal bed and mattress sizes (i.e. 90/190cm single; 135/190cm double, 150/200cm king, 180x200cm super king) refer to the sleeping surface only and the Buyer should check the overall dimensions given for each product. There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order, (for example, bedside tables, lamps and bedcovers). Manufacturing tolerances on mattress and topper sizes are +/- 20mm- 30mm on length and width, +/- 5mm on thickness from 0-10cm and +/- 10mm on thickness from 15cm-25cm.This variance in the size if perfectly normal depending on conditions and room temperature, and as such is not considered a fault. All sizes quoted are for the finished product- mattress or topper core with the cover. Variations in the density of the foams of +/- 5% are within manufacturing limits. The technicalities of the Talalay manufacturing process do not allow the production of 100% Talalay latex as one whole block, therefore these mattresses are made with different layers bonded together. Yanis Foams and Mattresses Ltd reserve the right to change the specifications of any product at any time.

Please be aware that images of our products on our website are for illustration purposes only. Any item that is not a bed or the specified product in the product description on the web page, or that appears in any photograph or illustration on the website will not form part of this contract. An example of such things are lamps, bed covers, pictures and in certain instances headboards (unless previously mentioned in product description).

Pictures and diagrams are for illustrative purposes only.
The colour, texture, pinholes and edging of the real product may appear different.

7. Finance Options

Consumer finance on Latex Sense is organised and administered jointly by Yanis Foams and Mattresses Ltd and Pay4Later.

Finance is only applicable to purchases made on www.latexsense.co.uk.

The finance option is applicable on any order over £400.00 including VAT.

Consumer finance on the Latex Sense website is not valid with the purchase of used, refurbished or demonstration equipment.

Yanis Foams and Mattresses Ltd accept no liability in relation to the credit analysis and resulting contractual obligations. Please direct all enquiries in writing to Pay4Later.

Please keep a copy of the Terms and Conditions as well as your invoice for your records. We advise applicants to keep the documents relating to the financing application.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Yanis Foams and Mattresses Ltd reserve the right to change these Terms and Conditions at any time.

Consumer credit service is provided by Dekopay in association with Close Brothers Retail Finance. Pay4Later is licensed by The Office of Fair Trading (Consumer Credit Licence: 0616240). For more information please refer to our frequently asked questions or visit http://www.dekopay.com/.

Close Brothers Retail Finance is a trading name of Close Brothers Limited. Close Brothers is authorised by the Prudential Regulation Authority, regulated by the Financial Conduct Authority and Prudential Regulation Authority and licensed by the Office of Fair Trading. For more information please visit http://www. closebrothersretailfinance.co.uk/.

8. Delivery

Delivery will normally take place within the timescales estimated on the order acknowledgement, however this is only an estimate and time shall not be the essence of any order. Some products for Scotland and Northern Ireland customers may occasionally take longer due to the logistics of supply. All Goods are delivered free of charge. Deliveries to remote areas and postcodes may incur a surcharge; please contact our customer services for more details. Next day delivery of mattresses, toppers and pillows is carried out by one man and is officially to the front door of the main building only. Goods may be taken up the stairs at the driver's discretion if access is clear and if there is someone to help the driver with heavy items. We can arrange two man deliveries to a room of your choice for mattresses upon request. There is no extra charge for this service but delivery is not next day, it can take up to three weeks. Delivery of divan, ottoman and adjustable beds is carried out by two man crew and is to a room of your choice. Some Goods will require some form of assembly and it is the Buyer's responsibility to assemble the Goods. Delivery will only be made to the delivery address specified on the original order. Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address (Yanis Foams and Mattresses Ltd do not need to satisfy themselves that the person accepting delivery at the agreed address is authorised by the Buyer to accept the Goods)

9. Cancellation and returns

Under The Consumer Protection (Distance Selling) Regulations 2000, the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015 as amended or superseded from time to time you have special rights as a consumer when you shop from home. You may cancel your order within 14 days of receiving your purchase. Full details on your rights under the legislation can be viewed at the following sites:

http://www.opsi.gov.uk/si/si2000/20002334.htm

http://www.opsi.gov.uk/si/si2005/20050689.htm

https://www.citizensadvice.org.uk/Global/CitizensAdvice/campaigns/cra/ConsumerRightsSummary-GoodsOL.pdf

 

To cancel an order, you must inform us in writing. Notification by telephone is not sufficient.

When you cancel an order or part of an order, the goods must be returned in the original unopened packaging and in the condition that the goods were purchased in. You are responsible for the goods prior to return and for insuring or bearing the cost of the items until they are received by us. 

When receiving returned goods that have, in our opinion, been used, altered, damaged or are in any other way unfit for resale or return to the manufacturer for a credit we will withhold any monies due, advise you in writing or by email within 14 days of any such intention and describe the nature of any such refusal to refund. During any period thereafter the goods will be retained by us for a period of no longer than 30 days and be available for inspection by any interested parties, experts, or witnesses. Thereafter, unless the subject of further legal claims, the goods will either be destroyed or at their request returned to the original purchaser, at their expense, following the signing of a release form as provided by us.

It is your responsibility to take reasonable care of the goods and make sure they are returned undamaged. Goods received back incomplete, damaged, soiled, marked, stained or in any other condition rather than sealable, will be returned to you and the cost of the return carriage charged to your account.  Once we have received any returned items and checked them we will refund your money less any shipping costs. All returned packages must be individually and clearly marked with your NAME, POSTCODE and ORDER number.

 You will be responsible for the cost of returning the item to us. If the return is arranged by us this cost shall be deducted from any refund owing to you. The return charges are: £5 for pillows, £30 for toppers and single mattresses, £70 for double size and larger mattresses.

Orders for goods made to your exact specifications cannot be cancelled and the goods cannot be returned. These include bespoke and custom made mattresses and mattress toppers. All our beds and headboards are made to order by a third party manufacturer and cannot be returned.

 

Due to the intimate nature of pillows, these items are exempt from the statutory cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene, any pillows that have been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.

Any returned goods have to be sent to our warehouse address within 14 days of cancellation. If we arrange collection on your behalf we will aim to do this as soon as practically possible within 14 days of cacellation.

The return address is:
Yanis Foams and Mattresses Ltd, Unit 19-20 Hayleys Manor, Upland Road, Epping, Essex, CM16 6PQ.    

Please do not send goods to our showroom address as they will be rejected.                                                                                                                                                              

10. 105 Day Mattress Trial

95% of our customers love their first choice of Latex Sense mattress.

However, we understand it takes time to know if the mattress is right for you, or a slightly different level of firmness is better. This is why we offer an unique 105 day mattress trial on all our Latex Sense mattresses (excluding beds, toppers, pillows and Dunlopillo products).

Our unique 105 day mattress trial and double satisfaction guarantee.

  • All Latex Sense own-brand quality latex mattresses are included.
  • Available on any order taken- in store, online, over the phone.
  • Free two-time exchange, no additional collection charge.
  • Only pay the difference if you upgrade your mattress, no redelivery charge.
  • Use the mattress as you normally would, remove the packaging and sleep on it in the comfort of your home.
  • Collection and exchange of mattress on the same day.

Your 105 Day Trial starts on the date of delivery.

If you are not happy with your purchase, please contact us during the first 35 days of the trial, we will provide expert advice and replace it with something more suitable free of charge. 

You then have another 35 days to try out the second mattress. If you are stil not completely satisfied, please feel free to contact us to discuss your requirements, get advice and arrange a second exchange free of charge.

You can try the third mattress for another 35 days, if you find it unsuitable you can return it for a refund. We will give you full refund less the cost of shipping the product back to us. These return costs are: £30 for single mattresses; £70 for double size and larger mattresses.

Exchange for a different size is not covered by the double satisfaction guarantee and will incur £50 carriage cost. Please check the measurements of your bed frame first and ensure you order the correct size mattress. If the item you would like to have as a replacement is of higher value, then you will be asked to pay the difference in price.

The products you return as part of the exchange must be in as brand new condition, unsoiled and undamaged.

Exchanges are free of charge for customers within the UK. For customers outside the UK it is your responsibility to arrange the return at your own cost.

For a refund, you have 35 days from receipt of your mattress.

The trial period for toppers is 30 days.

11. Refunds

If you have cancelled the Contract between us within the 14-day cooling-off period, we will process the refund due to you within 14 days of receipt by us of the unopened Products. In this case, we will refund the price of the Products in full, including any cost of sending the item to you. However, you will be responsible for the cost of returning the item to us and this cost shall be deducted from any refund owing to you.

Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12. Damaged or Faulty Goods

It is your responsibility to inspect the goods for any damages upon delivery.

Damages must be reported by email within 24 hours of receipt of goods. In all cases goods can only be uplifted when packaged up in the same way in which they were delivered. Goods signed for "good condition" at the door will not be collected.

Complaints relating to faulty Goods should be notified in writing within 48hours of the fault becoming apparent and should be addressed to Customer Services Department, Yanis Foams and Mattresses Ltd, 108 Chase Side, London, N14 5PH or by e-mail to sales@latexsense.co.uk

We will exchange free of charge any product that is faulty, please ensure you thoroughly check the goods before signing for them, in the unlikely event they are damaged on delivery please refuse the goods, we will in turn dispatch another item as soon as possible. Should you find a product to be defective please contact us within 48 hours of receipt of faulty goods. In the rare event that Goods develop a fault we request a photograph of the fault in order to authorise immediate action on your claim. 

13. Guarantees

We have all our mattresses built to our precise specifications and therefore we can personally guarantee each model for a period of time. Each item carries the guarantee timescale at the bottom of the individual listing.  This is described as ‘Full Repair or Replace’.

If your mattress fails within the specified guarantee period then we will either repair or replace the faulty component.


All Goods are guaranteed against faulty materials and workmanship for a minimum period of twelve months from the date of delivery. The guarantee for the different products is as follows:

- Pillows- 2 years

- Toppers- 10 years

- Mattresses- 5 to 15 years

- Beds- 5 years

- Electrical mechanism for adjustable beds- 3 years

- Mattress covers- 1 year

 

WHAT IS PROVIDED?

We will repair or replace any product if it develops a fault within the guarantee period. Should that specific product no longer be available we will provide an alternative product of equivalent specification.


WHAT IS NOT BEING COVERED? 

-Wear and tear of fabric is not covered. However, we will use our discretion to see if any valid complaint is justified.
-Willful damage and neglect: Your mattress should be looked after and cared for. A mattress protector should be used at the very least. We will not entertain any claim if the mattress shows obvious signs of neglect.
- Normal ageing or wear and tear including mattress settlement and “dipping” less than 2cm.
- Noises caused by the use of the product
-Repairs carried out by the persons not authorised by us or without prior approval
-Shrinkage of mattress or pillow cover caused by washing or dry cleaning.

14. Our liability

 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. 

This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue

(b) loss of business

(c) loss of profits or contracts

(d) loss of anticipated savings

(e) loss of data, or

(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

15. Laws and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.