1.    These Terms

1.1.  What these terms cover. These are the terms and conditions on which we supply our Mammoth Mattresses and other associated products to you through our website at https://onehotspurmammoth.co.uk/

1.2.  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2.    Information About Us and How to Contact Us

2.1.  Who we are. We are Mammoth Sport Ltd a company registered in England and Wales. Our company registration number is 06915926 and our registered office is at Cobalt Business Exchange, Cobalt Park Way, Wallsend, Tyne and Wear, United Kingdom, NE28 9NZ. Our registered VAT number is 971 277 400.

2.2.  How to contact us. You can contact our customer service team by emailing us at customerservices@themammothcompany.com

2.3.  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4.  “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.    Our Contract with You

3.1.  How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2.  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3.  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4.  We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not as standard deliver to addresses outside the UK. Deliveries to mainland Republic of Ireland are quoted via the website, deliveries to all other territories can be provided at the discretion of Mammoth and can be quoted on a case by case basis. For delivery information please contact sales@themammothcompany.com

4.    Our Products

4.1.  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2.  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.    Your Rights to Make Changes

5.1.  If you wish to make a change to the product you have ordered, please contact us within 48hrs from placing the order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.    Our Rights to Make Changes

6.1.  Minor changes to the products. We may change our products from time to time to reflect changes in relevant laws and regulatory requirements for example any fire or other health and safety regulations; and

6.2.  More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or our products, but if we do so we will notify you and you may then have the right to then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received:

7.    Providing the Products

7.1.  Delivery costs. The costs of delivery will be as displayed to you on our website before you submit your order.

7.2.  When we will provide the products. We will deliver our goods to you as soon as reasonably possible, Estimated delivery times are available on our website and should be reviewed before you submit your order. Our goods will be shipped via courier and delivered to the delivery address you list when you submit your order. Details of packing method by product are available on our website.

7.3.  We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4.  If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5.  If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot, our courier may contact you for further instructions or return the goods back to us. If the goods are returned to us we may then charge you for storage costs and any further delivery costs or we may end the contract.

7.6.  Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

7.6.1.     we have refused to deliver the goods;

7.6.2.     delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.6.3.     you told us before we accepted your order that delivery within the delivery deadline was essential.

7.7.  Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you.  Please email customer services at customerservices@themammothcompany.com for a return label or to arrange collection. Please note, all collections from within the UK agreed under clause 7.7 will be subject to an admin charge of a minimum £25. Collections outside of the UK will be subject to a charge of no less than 20% of the value of the goods ordered.

7.8.  When you become responsible for the goods. Your goods will be your responsibility from the time our courier delivers the product to the address you gave us in your order.

7.9.  When you own your product. You own the goods once we have received payment in full.

7.10.                What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, phone number, address and postcode. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.    Your Rights to End the Contract

8.1.  You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.2.  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.3.  If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.1;

8.4.  If you have just changed your mind about the product, see clause 8.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.5.  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.5.1.     we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8.2);

8.5.2.     we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.5.3.     there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.5.4.     you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 8.5).

8.6.  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.7.  Our 100-night comfort promise is for MAMMOTH PERKS MATTRESSES ONLY. Please note, these terms reflect the 100-night guarantee offered by Mammoth Sport to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This 100-night sleep guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 1). As of 7th April 2020 we regret that the 100-night promise offer has been suspended until further notice as a result of circumstances relating to COVID-19, any orders placed after this date will not qualify for the comfort promise.

8.8.  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.    How to End the Contract With Us (including If You Have Changed Your Mind)

9.1.  Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at customerservices@themammothcompany.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2.  Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at a UK address agreed at the time of return (if they are not suitable for posting or we insist otherwise) allow us to collect them from you. Please email us at customerservices@themammothcompany.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3.  When we will pay the costs of return.

9.3.1.     We will pay the costs of return:          if the products are faulty or misdescribed; or          if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

10.  In all other circumstances you must pay the costs of return.

10.1.                What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

10.2.                How we will refund you. We will refund you the price you paid for the products excluding delivery costs and admin fees, by the method you used for payment.

10.3.                When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

10.4.               Return & refund exceptions.

10.4.1.  Please note that due to hygiene reasons and the nature of their packing once delivered pillows and bedding will be deemed to have been used. As such, pillows & bedding items cannot be returned and are non-refundable.

10.4.2.  Due to the intimate nature of these products, all mattresses are exempt from the statutory cooling off period under the Distance Selling Regulations when they have been unsealed from their original packaging. Therefore, for reasons of health and hygiene, mattresses that have been unsealed from their original packaging will be deemed to have been used and cannot be returned for any reason other than a manufacturing fault. (see the Mammoth Care guide supplied with your mattress for manufacturing fault guidance).

11.         Our Rights to End the Contract

11.1.                We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

11.1.1.  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

11.1.2.  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or,

11.1.3.  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

11.2.                You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12.         If There Is a Problem with the Product

12.1.                How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at customerservices@themammothcompany.com.

12.2.                Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3.
12.3.                Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or allow us to collect them from you. We will pay reasonable costs for postage or collection. Please email us at customerservices@themammothcompany.com for a return label or to arrange collection.

13.         Price and Payment

13.1.                Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.

13.2.                We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3.                What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

When you must pay and how you must pay. In addition to a finance option, we accept payment through a number of methods including, PayPal, Credit card, Debit card. The finance option is underwritten by Klarna and subject to their terms and conditions, when you sign up for the services provided by Klarna you are accepting their terms.

13.4.                 You must pay for the products when you place your order and in all cases before we dispatch them.

14.         Our Responsibility for Loss or Damage Suffered by You

14.1.                We are responsible to you for foreseeable loss and damage caused by us. 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 this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2.                We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

14.3.                We are not liable for business losses. We only supply the products 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.

15.         How We May Use Your Personal Information.

15.1.                We will only use your personal information as set out in our Privacy Policy.

16.         Other Important Terms

16.1.                We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2.                Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3.                If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4.                Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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.

17.  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.