Bespoke Worker Limited operates the website https://amrath.co.uk/ and is a company number 09426207 registered in England and Wales, with our registered address at: 111 Villa Road, Birmingham, B19 1NH, United Kingdom.
Our principal trading address is Unit 44, Enterprise Trading Estate, Brierley Hill, DY5 1TX, United Kingdom. Our VAT number is GB294531877. Bespoke Worker Limited is referred to in these terms as “we”, “us” and “our”.
Should you have any questions or complaints relating to these terms and conditions and/or our Products, please e-mail us at info@amrath.co.uk
These terms and conditions (“Terms”) together with our Website Terms of Service contain the information about us and the legal terms and conditions which apply when we sell any of the products (“Products”) listed on our website (“Our Site”) to you. Please note that these Terms and our Terms of Service may reference each other and are not mutually exclusive.
We kindly ask you to review our Privacy Policy and Cookie Policy which explain how we collect and use your personal data/information in relation to our Site.
These Terms will apply to any contract between you and us when we sell Products to you (“Contract”). Before you order any Products from our Site, please take the time to carefully read these Terms and make sure you understand them. Please note that before you place an order, you will be asked to agree to these Terms. You will not be able to order any Products from our Site If you refuse to accept these Terms.
Please refer to these Terms every time you would like to order Products, making sure you understand the terms which apply at the time of order.
In case there is any conflict between these Terms and the Terms of Service, these Terms shall be prioritised over the Terms of Service in the matter of conflict resolution.
Part 6 below details how we may amend these Terms from time to time.
These Terms, the Terms of Service and any Contract between us, are only in the English language.
We recommend that you print or save a copy of these Terms if you need to refer to them in the future.
PART 1 – THE FORMATION OF THE CONTRACT BETWEEN YOU AND US
1.1 When you make an order on our Site to buy one or more Products, you confirm that you are at least 18 years old. If you are under 18 years of age, please ask your parent or guardian to buy the Product on your behalf and confirm their agreement with these Terms.
1.2 Our online shopping pages will guide you through the steps you need to follow to make an order with us. This ordering process enables you to check and correct any errors before placing your order. We ask that you take the time to go through and make sure all the details are correct at each page of the order process.
1.3 Once you have placed an order, we will send you an e-mail from acknowledging that we have received your order. However, please note this does not mean that we have accepted your order; we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed after we’ve sent you the Dispatch Confirmation.
1.4 If we are unable to provide the Product to you, for example because it is out of stock or no longer available, or we cannot meet a delivery deadline, or due to an error in the price on our Site, we will notify you of this by e-mail and we will not process your order. If you have already paid for the Products, we will give you a full refund as soon as possible, including any delivery costs charged.
PART 2 - OUR PRODUCTS
2.1 The images of the Products on our Site serve only illustrative purposes. Your Products may look slightly different from these images due to your computer’s display of colours.
2.2 We have made every effort to achieve maximum accuracy, all weights, sizes, measurements and dimensions seen on our Site have a 2% tolerance.
2.3 The packaging of the Products may vary from that which displayed on our Site.
PART 3 - DELIVERY
3.1 We deliver in the UK, Channel Islands and the EU. To find out more, please visit our Delivery page.
3.2 We will get in touch with you to inform you of an estimated delivery date. It may happen that your delivery may be affected by an Event Outside Our Control. This is detailed in Part 12.
3.3 Delivery of an order is deemed complete when we, our distributors or a third-party courier deliver the Products to the address you provided to us, and the Products become your responsibility from that time.
3.4 The Products become your property once we have received payment in full, including all applicable delivery charges.
3.5. You may cancel your Order immediately if we miss the delivery deadline for any Products and any of the following apply:
3.5.1 we have refused to deliver the Products;
3.5.2 it was essential that delivery was completed within the delivery deadline (considering all the relevant circumstances); and
3.5.3 you notified us before we accepted your order that delivery within the delivery deadline was essential.
3.6 If you prefer not to cancel your order immediately, or do not have the right to do so under Part 3.5, you can give us a new delivery deadline, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
3.7 If you decide to cancel your Order because of late delivery under Part 3.7, you can do so for some of the Products or all of the Order, except when splitting them up would significantly lower their value. If the Products have been delivered to you, you will have to return them to us or we will collect them, at our cost. We will give you a full refund for the cancelled Products and their delivery after you cancel your Order.
PART 4 – PRODUCT PRICES AND DELIVERY CHARGES
4.1 When you submit your order, we will charge it at the prices quoted on our Site. We take reasonable care to make sure the Product prices are correct at the time of order, although incorrect prices may be entered for some Products. If we discover such an occurrence, we will let you know about this error and give you an option to cancel your order or to complete the purchase at the correct price. We will only proceed after you have notified us of your decision. If we are not able to contact you using the information you provided, we will treat the order as cancelled and let you know in writing. Please note that if the pricing error is obvious and you could have recognised it, we are under no obligation to provide the Products to you at the lower (incorrect) cost.
4.2 Product prices may change from time to time. These changes will not affect the order you have already made.
4.3 The price of a Product includes VAT (unless indicated otherwise). Delivery to the UK is free. Deliveries to Channel Islands and the EU incur a small charge – please contact us for the exact quote. The total price(s) will include VAT (if applicable) and any delivery charges (if applicable) will be displayed prior to the checkout and any Contract being formed.
PART 5 - HOW TO PAY
5.1 You can pay for your order by a debit card or credit card, PayPal, or 30 days after making your order through our finance partner Klarna. We accept the following cards: Visa, MasterCard, American Express, Discover.
5.2 Advance payment is applied if you are paying by a credit or debit card. Your debit card or credit card will be charged on the confirmation of your order. If you choose our Klarna Finance option, you will pay 30 days after ordering. When paying through finance, your statutory rights to return the product for a refund are not affected and our 80- night trial offer remains valid.
PART 6 - OUR RIGHT TO VARY THESE TERMS
6.1 Sometimes we make changes to these Terms. When you purchase Products from us, the Contract between you and us will be formed according to the Terms in force at the time of your order.
6.2 When changes occur in relevant laws and regulatory requirements, we may revise these Terms as they apply to your order in order to incorporate these changes.
6.3 In the case Part 6.2. applies, we will contact you to notify you of the changes and, should you wish to cancel your order, explain to you how to do so. You have the right to cancel all or just some of the Products affected by the changes. If you decide to cancel, you will have to return the relevant Products already in your possession, at our cost, and we will refund you for the Products and any delivery charges you have incurred.
PART 7 - YOUR CONSUMER RIGHTS TO CANCEL
7.1 Your local Citizens’ Advice Bureau or Trading Standards office will provide advice about your legal rights, including your legal right to cancel.
7.2 If you are a consumer, you have a legal right to cancel a Contract for up to 14 days, starting from the date of receipt of the Product; without giving any reason. After that, the cancellation period will have expired.
7.3 To cancel a Contract, you need to let us know that you have decided to cancel, by e-mailing us at info@amrath.co.uk or by post to Unit 44, Enterprise Trading Estate, Brierley Hill, DY5 1TX, United Kingdom. Please include details of your order to help us to identify it.
7.4 To meet the cancellation deadline, please communicate your decision to exercise your right to cancel before the cancellation period has expired.
7.5 If you cancel your Contract, we will refund what you have paid for the Products plus any delivery charges you incurred (the maximum delivery costs refunded will be the least expensive delivery method we offer, ensuring that this is a common and generally acceptable method). We may reduce your refund if the value of the goods has been reduced due to inappropriate handling by you. If we have issued a refund before inspecting the goods and later find out the Product was handled by you unacceptably, you must pay us an amount that reflects the reduction in the Product value.
7.6 We will make the refunds due to you as soon as possible and within the below deadlines:
7.6.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day we receive the Product back from you; or, if earlier, the day on which you supply us with the evidence (in writing) that you have sent the Product back to us;
7.6.2 if you have not received the Product, or you have received it and we have offered to collect it from you: 14 days after you notify us that you have decided to cancel the Contract.
7.7 We will refund you using the same method of payment you used to make your order unless we have expressly agreed otherwise. In any event, you will not incur any fees to process the refund.
7.8 You will need to return the Product (s) to us without undue delay and in any event no later than 14 days from the day when you notified us of your decision to cancel the Contract. The deadline is met if you have arranged a pickup (at our cost) with us before the 14-day period has expired.
7.9 Because you are a consumer, we are legally obliged to supply Products that conform with this Contract. As a consumer, you have legal rights relating to Products that are faulty or not as described. Your right of return and refund in Part 8 or other Parts in these Terms do not affect these legal rights.
PART 8 - ADDITIONAL PRODUCT RETURN RIGHTS
8.1 In addition to your rights to cancel a Contract as a consumer under Part 8, you have 80 days from the delivery of your Amrath Mattress to return it provided that you have tried it for at least 30 days. If, 80 days after delivery you decide that you do not want your Amrath Mattress, just let us know about your decision. The easiest way to do this is to e-mail us at info@amrath.co.uk or notify us by post at
Unit 44, Enterprise Trading Estate, Brierley Hill, DY5 1TX, United Kingdom.
8.1.1. The Amrath Pillow has a 30-day risk-free trial. You can find the details on how to return your pillow in 8.1.
8.2 If you choose to return your Product under Part 8.1, we will issue you with a full refund as soon as possible after we collect the Product from you.
8.3 During promotional periods, Bespoke Worker Limited may offer a free gift (for example a free pillow) with a mattress purchase. If you decide to return the mattress within your right to cancel, or your 80-night risk-free trial period, you must also return your free gifts. If you do not return your free gifts, we will deduct the full retail value of the gift at the time of purchase from your refund.
8.3.1. If your Amrath Mattress came with a free Amrath Pillow and you wish to return the pillow, please do so within 30 days from the delivery date to get a full refund.
PART 9 - FULL REPLACEMENT LIMITED WARRANTY FOR THE PRODUCTS
9.1 Your Amrath Mattress Product is covered by our 8-Year Full Replacement Limited Warranty, and your Amrath Pillow Product is covered by our 3-Year Full Replacement Limited Warranty. When your Product has a defect covered by the warranty, we will replace or repair it, for up to 8 years after the purchase date for the Amrath Mattress Product, and for up to 3 years for the Amrath Pillow Product. The warranty includes all parts of the Product determined to have a defect.
9.2 This warranty is valid only if you are the original purchaser of the Product and you have originally purchased it from Bespoke Worker Limited. This warranty starts on the date of Dispatch Confirmation and is non-transferable. If you, as original purchaser, sell or otherwise transfer the ownership of the Product to another, the subsequent owner accepts the Product “as is” and “with all faults.”
9.3 Amrath Products are made to provide you with deep supported comfort. To ensure this effect, please set up your Amrath Mattress Product on a solid base or foundation strong and stable enough to support the Product and its user(s).
9.4 Our Limited Warranty covers the following occurrences during normal use:
9.4.1 deterioration of the Amrath Mattress Product, which results in a visible indentation greater than one (1) inch, that is not related to an indentation or sag resulting from using an unsupportive or improper base or foundation. Normal use requires that the Amrath Mattress Product be continuously supported by a matching, solid base, frame or foundation, strong and stable enough to support the Product and its user(s);
9.4.2 any physical flaw in the workmanship of the Product causing permanent damage to the memory foam despite the correct set-up and normal use;
9.4.3 any physical flaw in the workmanship of the cover, including seams and zipper assembly. Bespoke Worker Limited may, at its own option, repair or replace the cover provided on the Amrath mattress Product. In the event that Bespoke Worker Limited replaces the Product cover, Bespoke Worker Limited will replace it with the current style of cover available for the Product, which may be of a different colour, design, or material than the original cover provided.
9.5 The warranty in this Part 9 does not cover or apply to:
9.5.1 your comfort preference;
9.5.2 a normal increase in the memory foam softness, which is standard and has no bearing on the pressure-relieving quality of the Product;
9.5.3 physical abuse or damage to the structure and / or cover material of the Product, including but not limited to cuts, burns, tears, stains, liquid damage, or soiling;
9.5.4 damage to the Amrath Mattress Product arising from using an improper bed foundation, adjustable base, frame, or platform bed;
9.5.5 Products sold by unauthorised resellers;
9.5.6 Products sold “as-is”, “used”, “previously owned”, “preconditioned”, “reconditioned”, “returned”, “comfort return”, or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
9.6 Bespoke Worker Limited will not charge you to repair or replace your Amrath Mattress Product if it is covered by the Full Replacement Limited Warranty. No new warranty is provided on a replacement Product and you will be responsible for any shipping costs relating to any further repairs or replacements. The warranty for the replacement Product starts on the date of Dispatch Confirmation for the original Product.
9.7 If you decide to replace the original Product in accordance with the terms of this Limited Warranty, and wish to upgrade to a more expensive Product, you may do so by paying the difference between the cost of the original Product being replaced and the cost of the new, upgraded Product. In this event, we will provide a new warranty for the upgraded Product.
9.8 Your statutory rights as a consumer in relation to the Product are not affected by this Full Replacement Limited Warranty.
PART 10 - OUR LIABILITY TO YOU AS A CONSUMER
10.1 If we fail to comply with these Terms, we take responsibility for the loss or damage you suffer, that are a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that are not foreseeable. Loss or damage are foreseeable if they are obvious consequences of our breach or negligence, or if they were contemplated by you and us at the time this Contract was formed.
10.2 We only supply the Products for domestic and private use. You agree not to use the Products for any business, commercial, or resale purposes. We assume no liability to you for any loss of profit, business, business opportunity or interruption.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 fraud or fraudulent misrepresentation;
10.3.2 death or personal injury caused by our negligence;
10.3.3 any breach of the Terms implied by Part 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 any breach of the Terms implied by Part 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.3.5 defective products under the Consumer Protection Act 1987.
PART 11 - EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a Contract that are caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Part 11.2.
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, riot, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, fire, explosion, flood, storm, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of motor transport, railways, shipping, aircraft, or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects our ability to fulfil our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
PART 12 - OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. If this happens, we will notify you in writing or by posting on our Site.
12.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3. Each provision (or part of any provision) of these Terms operates separately. If any court or relevant authority decides that any of these provisions are unlawful or unenforceable, that provision (or part-provision) will be deemed invalid and the remaining provisions will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, this does not mean that we have waived our rights against you and does not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and this will not mean that we will automatically waive any later default by you.
12.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any claim or dispute arising out of or in connection with this Contract will be governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland, and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland.
PART 13 - HOW TO CONTACT US AND NOTICES
13.1 If you wish or are required to contact us in writing by any Part in these terms and conditions, you can do so by e-mailing us at info@amrath.co.uk, by hand, or by pre-paid post to Bespoke Worker Limited at
Unit 44, Enterprise Trading Estate, Brierley Hill, DY5 1TX, United Kingdom. We will confirm the receipt of this in writing.
If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you supply to us in your order.