1. Information about us
1.1 www.loaf.com (formerly
www.thesleeproom.com) is a site operated by Really Comfy Beds
Limited. We are registered in England and Wales under company
number 6455834 and our registered office is at Loaf, 2nd Floor,
Studio Building, Evesham Street, London W11 4AJ. Our main trading
address is Loaf, 255-259 Queenstown Road, Battersea, London, SW8
3NP. Our VAT number is 933 8864 82. You can email us at: firstname.lastname@example.org.
2. Service availability
2.1 Our site is intended primarily for use by people resident in the
UK. We do however also accept orders from individuals resident in
other, non-UK, European Union member states. Please note that our
delivery and returns policies differ according to whether you are
resident in the UK mainland, non-mainland UK or another European
Union member state.
3. Your status
3.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you are resident in either the UK or another European Union
member state; and
- you are accessing our site from the UK or another European
Union member state
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us
confirming that your order has been accepted (Order Confirmation).
The contract between us (Contract) will only be formed when we send
you this Order Confirmation.
4.2 The Contract will relate only to those Products whose order we
have confirmed in the Order Confirmation. We will not be obliged to
supply any other Products which may have been part of your order
until the order of such Products has been confirmed in a separate
5. Consumer rights
5.1 This section 5. applies only to individuals who order
from us. It does not apply to business or commercial customers or
those individuals who purchase a Product for business or commercial
5.2 If you are contracting as a consumer, you may cancel a Contract
at any time within 14 days, beginning on the day after you received
the Products. In this case, you will receive a full refund of the
price paid for the Products in accordance with our Refunds and
Returns Policy (set out in clause 11. below). The exception
to this is if you have ordered a "Bespoke" Product (e.g.
made-to-measure blinds & bespoke width sofas) or "Customer's
Own Material" Product (see 11.3, 11.4
and 11.5 below) or if you have paid for storage
(see 7.8 below).
5.3 To cancel a Contract, you must inform us in writing or by email
or by telephone. In addition, the Products must be in the same
condition in which you received them which means, for the avoidance
of doubt and without limitation, that they must be in perfect
resaleable condition and undamaged in any way, and the protective
packaging must still be unopened on any mattress supplied to you
for all mattresses purchased before 19 May 2017. You have a legal
obligation to take reasonable care of the Products while they are
in your possession. You may also cancel your Order by completing
our cancellation form which is available on request from email@example.com.
5.4 Details of this statutory right, and an explanation of how to
exercise it, are provided in the Order Confirmation. This provision
does not affect your statutory rights.
6. Products and services
6.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.2 The measurements of the Products are as accurate as possible, but are nevertheless approximate.
6.3 We may offer some of our products in bespoke sizes. The final dimensions of the finished Product will be within 2cm of the requested measurements.
6.4 Finishes are applied to the exterior of our Products. Due to the nature of the materials used, finishes may vary. All fabric used for Loaf products is hand dyed. Therefore shade variation can occur between different batches.
6.5 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
6.6 Our Products are intended solely for domestic use in the UK and
we give no guarantees or undertakings in respect of the use of our
Products for commercial purposes. By agreeing to these terms and
conditions, you agree that we are in no way responsible for any
non-domestic or commercial use of our Products and that you have no
rights to cancel this purchase if you are purchasing the Product in
a business capacity (except in accordance with clause
6.7 Details of our Guardsman furniture protection scheme are
here. Separate terms and conditions apply
6.8 Stock availability and delivery dates provided on the website
and subsequently communicated in any form are estimates and cannot
7.1 Either we or our nominated delivery partner will contact you to notify you when your Products are available and, subject to the separate provisions below relating to customers resident outside mainland UK or in other European Union member states, will arrange a date for delivery to the address specified by you.
7.2 Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
7.3 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
7.4 Our delivery partner for large items (eg beds, sofas, mattresses, cabinets) will contact you to schedule a delivery date. They will provide an estimated delivery time slot approximately 48 hours before delivery, once the delivery route has been planned. If you cancel the delivery later than 8am on the day two days before your delivery date or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.
7.5 For deliveries of large items (eg beds, sofas or mattresses) to any non-mainland UK address, our delivery charges are for delivering to the nearest mainland port. It will be your responsibility to arrange transport thereon. For deliveries of large items to any address in a European Union member state (other than mainland UK), we do not offer a delivery service. The transportation of your Products from the depot to your address will be your sole responsibility and at your sole cost. If requested, we will be happy to recommend third party providers of delivery services to you.
7.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
7.7 For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
7.8 Our nominated delivery partner will endeavour to deliver the
purchased goods to you within 15 working days of them arriving in
their warehouse. Failure for you to accept delivery of these items
within 20 working days will result in our having the right to
charge you storage charges at £10 per week for each large item
(these are items which cannot be sent by postal carrier due to
their size). Should you not wish to pay this we reserve the right
to cancel your order and refund you accordingly. If you decide to
cancel the contract in accordance with clause 5.2,
any storage fees will not be refunded.
7.9 Our nominated delivery partner will use reasonable endeavours to
deliver large items to a room of your choice. The room must be
accessible to two delivery people either on the ground floor or via
adequate stairs or elevator and without the need for mechanical
lifting equipment. Delivery is always subject to the health and
safety of the delivery personnel including manual handling
guidelines and regulations as laid down by the Health and Safety
7.10 At the time of delivery the Products will usually be unpacked
and assembled. However we will not remove the outer packaging of
any mattress which you may have ordered, unless asked to do so by
you, as the mattress can no longer be returned by you once opened
unless it is deemed defective (see 11.1 below) unless
purchased after 19 May 2017. A signature will be required to
acknowledge delivery. The signature of the person accepting
delivery at the delivery address will be proof that you or the
person to whom the order is addressed has received delivery.
7.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
7.12 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on 0845 4599937.
7.13 Our large item removal service (eg for beds, sofas and mattresses) is only available in mainland UK. Providing the service has been booked and paid for in advance, the delivery carrier will only take the item away if it has been disassembled by the customer beforehand, and if it is in a reasonably hygienic state and unlikely to contaminate.
8.1 The provisions of this clause 8. apply in addition to
your statutory consumer rights in relation to faulty or
mis-described goods. These rights are not affected by the
8.2 All our mattresses have a 5 year guarantee from the date of
delivery. Our sofa, armchair and footstool frames are guaranteed
for 10 years from the date of delivery. All other furniture is
guaranteed for 1 year. This guarantee is against faulty workmanship
and/or faulty materials, with the exception of fillings and
8.3 These guarantees do not cover fair wear and tear, neglect, abuse
or misuse of your goods, loss or damage (including rusting and
corrosion) due to unreasonable exposure to water, heat or weather;
loss or damage due to fire, smoke, explosion, lightning, sunlight,
infestation by animals or boring insects, damage by animals
generally or theft, or accidental damage or loss caused by a third
party. These terms also apply to our full range of standard
mattresses (does not include zip-and-link or bespoke size
mattresses) and our 100-night mattress trial, outlined in 11.8 and
11.9. If you are a consumer, this warranty is in addition to, and
does not affect, your legal rights in relation to Products that are
faulty or not as described. Advice about your legal rights is
available from your local Citizens' Advice Bureau of Trading
8.4 In the event of a claim under guarantee occurring, please contact firstname.lastname@example.org giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
8.5 In the event of an accepted claim we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
8.6 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your statutory rights.
8.7 Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland) and used solely in private residences and not in commercial or rental properties.
9. Risk and title
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive
full payment of all sums due in respect of the Products, including
delivery charges (if any).
10. Price and payment
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site 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.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products may be made by personal cheque (which must be received and cleared before delivery), bank transfer, credit or debit card. We accept payment by Visa, Mastercard, Delta/Connect and Maestro. Purchases made by trade customers should not be made by credit card.
10.7 Products cannot be delivered until full payment has been received.
11. Our refunds and returns policy
11.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within
the 14 day cooling-off period (see clause 5.1
above), we will process the refund due to you as soon as possible
and, in any case, within 14 days of the day on which we receive the
Product back or the date on which you provide evidence of having
sent the Product to us. In this case, we will refund the price of
the Product in full provided that there is no evidence of use. If
we or our nominated partner delivered the Product which is a large
item (eg a bed or sofa) to you directly (and you are resident in
the UK mainland), we will also refund the delivery charge for
delivering the Product to you (if any) and we will collect the
unwanted Product for free. Please note that the free collection of
unwanted Products does not apply to smaller and medium sized items
on their own (ie if you're returning sheets or a bedside table but
not a bed or mattress) and any unwanted Accessories will be
returned to us at your own cost and it is your responsibility to
ensure that these arrive with us as we do not accept liability for
goods lost in transit. We will refund the delivery charge for
returned small and medium sized items only if the entire order is
returned. If we did not deliver the Product to you (i.e. if you are
resident outside the UK mainland or in another non-UK European
Union member state), you will be responsible for returning the
Product safely to the depot from which it was collected and you
will be solely responsible for any costs associated with returning
the Product to the depot. We will be responsible for any cost
incurred in collecting the unwanted Product from the depot.
(b) for any other reason (for instance, because you have
notified us in accordance with clause 21 that you do not agree to
any change in these terms and conditions or in any of our policies,
or because you claim that the Product is defective), we will
examine the returned Product and will notify you of your refund via
telephone or e-mail within a reasonable period of time. We will
usually process the refund due to you as soon as possible and, in
any case, within 30 days of the day we confirmed to you via e-mail
that you were entitled to a refund for the defective Product.
Products delivered by us to you in mainland UK and 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 (if any). These charges
and costs are to be agreed with us in writing in advance of you
incurring them. We will only refund delivery charges where an
entire order has been returned. Products not delivered by us (i.e.
if you are resident outside the UK mainland or in another non-UK
European member state) and returned by you because of a defect will
be refunded in full, although you shall be responsible for the
costs incurred by you in returning the Product to the depot from
which it was collected.
11.2 We will usually refund any money received from you using the
same method originally used by you to pay for your purchase.
11.3 Where you have ordered a product covered in your own material
("Customer's Own Material" is any material that is not part of our
standard offering on our website), there will be a 55% restocking
charge should you wish to return the item. The remaining amount
will be refunded. We are not liable or responsible for the quality
of the material being supplied, or the condition in which it
arrives to you, although we will make every reasonable endeavour to
ensure it arrives in good condition.
11.4 Bespoke Products (eg an item on our website that you
specifically request to be altered in a certain way to suit your
own requirements - such as a made-to-measure Roman Blind or
mattress of differing dimensions to those shown on our website) are
treated in the same way as Customer Own Fabric products in above
clause 11.3. This is in accordance with the
guidelines for tailor made items set out by the Consumer Contracts
Regulation of 2014. Further information can be found on the
Which? Consumer Rights website.
11.5 Once you have placed an order for either a Customer's Own
Material product or a Bespoke product (e.g. made-to-measure Roman
Blinds or bespoke-width sofas) the order may not be cancelled as
per Clause 5 above since work may have been started on building
11.6 We reserve the right to let business customers utilize the right
in clause 5 above as well but this will be subject to our
discretion and subject to them paying a restocking fee of 55% of
the Product price. In this situation delivery charges paid will not
11.7 Storage fees charged in accordance with clause 7.8
will not be refunded and any unpaid storage fees will be deducted
from the amount of any refund.
11.8 From Friday 19 May 2017, we are running a 100-night mattress
trial offer. We reserve the right to withdraw or change this offer
at any time. Customers will be eligible for a return or exchange
within 100 days of taking delivery of a mattress during the
lifecycle of this offer. Each customer may only use this offer
once. Any customer who purchases between Friday 19 May 2017 and the
end date will be eligible for the 100-night trial regardless of
whether Loaf has stopped the offer or not. Loaf reserves the right
to change the terms of the offer or cancel the offer entirely. Any
customer who purchases between Friday 19 May 2017 and the end date
of the offer will be eligible for the 100-night trial regardless of
whether Loaf has stopped the offer or not. After the first use of
the right to return or exchange a mattress within 100 days of
taking delivery, all subsequent returns and exchanges will revert
to our standard terms and conditions as outlined in 11.1(a).
11.9 11.9 The terms and conditions outlined in 11.1(a) do not apply
to any defect in mattresses arising from:
Wear and tear (including staining or marking)
Soiling of the mattress
Damage through wilful neglect, poor storage conditions (e.g
attempting to fold the mattress or jam it in a cupboard) or misuse
(please don't use it as a trampoline for your morning workout!)
Rusting or corrosion caused by exposure to water or weather
Damage due to fire, smoke or infestation by animals or boring
Alternations or repairs made by third parties not authorised by
12. Our liability
12.1 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.
12.2 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.
12.3 This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- for any matter for which it would be illegal for us to exclude,
or attempt to exclude, our liability.
12.4 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, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or
otherwise, provided that this clause 12.4 shall
not prevent claims for loss of or damage to your tangible property
that fall within the terms of clause 12.1 or
clause 12.2 or any other claims for direct
financial loss that are not excluded by any of categories inclusive
of this clause 12.4.
13. Import duty
13.1 If you order Products from our site for delivery outside the UK, they 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.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
14.1 Applicable laws require that some of the information or
communications we send to you should be in writing. When using our
site, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual
purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This
condition does not affect your statutory rights. In the event of a
questions or complaints please email email@example.com. See section
23. below for details of the complaints process.
15.1 All notices given by you to us must be given to Loaf, 2nd Floor, Studio Building, Evesham Street, London W11 4AJ or emailed to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract 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 Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. Complaints process
23.1 If you have any complaints about the products or service that we have provided, please contact email@example.com and we will do our best to resolve it.
23.2 Loaf is a registered full member of The Furniture Ombudsman. The Furniture Ombudsman is an independent not-for-profit organisation which raises standards and is approved by the government to provide alternative dispute resolution services. We follow their Code of Practice which provides our customers with additional protection if things go wrong. In the event that you are not satisfied with our response you may be entitled to refer your complaint to The Furniture Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
24. terms of website use
25. Accessing our site
25.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
25.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.