Emma Sleep Terms and Conditions

1. Application of these Terms and Conditions

1.1 These are the terms and conditions which apply when we supply product(s) to you. The contract is with Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, established in Germany with commercial register entry: Amtsgericht Frankfurt HRB 103278 (hereafter referred to as ‘us’).

1.2 These terms and conditions apply to all orders placed via our Internet shop (www.emma-sleep.co.uk) by you acting as a consumer. ‘Consumer’ means a person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (as defined in Section 2(3) Consumer Rights Act 2015). Where you place an order via our internet shop and are not acting as a consumer these terms and conditions may vary in certain respects. Where there is such a variation this is indicated in these terms and conditions.

1.3 You should read these terms and conditions carefully before submitting an order to us. These terms tell you how we will provide the product(s), how you or us may change or end the contract and what to do if there is a problem with your order, and other important information.

2. How the contract is formed

2.1 Our offer of goods on the Internet constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our online shop.

2.2 When purchasing goods via the online shop, the goods you intend to purchase are placed in the virtual “shopping cart”. You can view and access your virtual “shopping cart” at any time and on each page of the website and can make changes to your existing “shopping cart.” Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase, you are afforded the opportunity to check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.

2.3 You may return to the Internet site before placing your order by clicking on the “back” button found in the Internet browser, after checking your information and/or close the internet browser to cancel the order process.

2.4 Our acceptance of your order will take place when we email you to accept your order. At this point, a contract will come into existence between you and us.

2.5 If we are unable to accept your offer, we will inform you of this and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price or description of the product(s), or because we are unable to meet a delivery deadline which you have specified. If you would like to place a larger order as a company, please check the availability beforehand.

2.6 It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’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)’s correct price at your 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 recognized 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.

3. Prices and Shipping Costs

3.1 Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes and/or duties (e.g. duties) be required by the buyer for payment, to the responsible customs and tax authorities.

3.2 You bear no responsibility for the shipping costs.

4. Delivery

4.1 If you would like to order in our webshop, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order and fulfill the contract of sale with you. The essential data for the conclusion of the contract is marked, further data is given on a voluntary basis. We use the personal data provided by you to process your order and returns. For charging purposes, we can pass on your payment data to our house bank or to the selected payment service provider. To manage the delivery of the goods to you, and due to the nature of the transaction, we will need to share your delivery address and contact details (email and phone number) with delivery companies. Only strictly necessary data will be shared for the purpose of coordination of delivery, protection against fraud and clarification of urgent issues. The legal basis for this is that this processing is objectively necessary for the performance of the contract of sale with you (Article 6 (1) (b) GDPR). This means that the sale of goods cannot, as a matter of fact, be fully performed if this specific processing of the personal data in question does not occur. Please note that failure to provide the mandatory personal data can lead to that that your order with us cannot be carried out. If you want to do a product return, we will also need to share your personal data (delivery address and contact details) to the assigned non-governmental/charitable organization or delivery company for the pick-up and collection of the product. The legal basis is that the processing is necessary for the performance of a contract to which the data subject is party (Article 6 (1) (b) GDPR) and our legitimate interest in managing product returns.

4.2 We will dispatch the product(s) within the stated time window displayed on our website on the day we accept your order.

4.3 We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimize 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 product(s)s you have paid for but not received.

4.4 In the case of the non-availability of goods a possible advance payment will be refunded without delay.

4.5 The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.

4.6 If you are not at the delivery address or if no one is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.

4.7 If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.

4.8 The specific time window for delivery will be made known to you by the delivery company. The working hours spent waiting for delivery will not be reimbursed.

4.9 Consumers are asked to check the goods immediately for completeness, obvious defects and transport damage and to notify complaints to the seller and the freight forwarder as soon as possible. Your warranty claims remain unaffected.

5. Delivery Area

Unfortunately, we do not accept orders from or deliver to addresses outside the United Kingdom.

6. Our Product(s)

Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only.

7. Reservation of title

7.1 We retain ownership of the purchased item until the invoice has been paid in full by you.

7.2 If you are in arrears for any payment obligations, all outstanding sums are immediately due.

8. Your rights to end the contract

8.1 Your rights when you end the contract will depend on whether there is anything wrong with the product(s), how we have performed the contract and when you decide to end the contract.

8.2 You have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel this contract within a period of 14 days after delivery of the product(s) without giving any reasons

8.3 To exercise your right of cancellation referred to in clause 8.1, you must inform us (Emma Matratzen GmbH), Wilhelm-Leuschner-Str. 78 in 60329 Frankfurt by a letter, or e-mail us to support@emma-sleep.co.uk to cancel your contract. You can use the sample revocation form at clause 8.5 to provide your statement of cancellation but this is not required and any form of clear notice of cancellation will be accepted. Notification of your exercise of the right of cancellation must be sent to us before the end of the 14 day cancellation period.

8.4 Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.5 Sample Cancellation Form (If you want to cancel the contract, please fill out this form and return it.) To Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, Germany E-Mail: support@emma-sleep.co.uk I / We (*) hereby give notice that I/we cancel my/our(*)contract concluded of a sale of the following goods (*) / for the supply of the following service (*): Ordered on (*) / received on (*) Name of the consumer (s) Address of consumer (s) Signature of consumer (s) (only if this form is notified on paper) Date (*) Delete as appropriate

9. Our goodwill guarantee

9.1 These terms reflect the goodwill guarantee offered by Emma Matratzen GmbH of Frankfurt am Main to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 as set out above. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed product(s)s. The voluntary right of withdrawal in relation to the goodwill guarantee begins after expiry of the statutory right of withdrawal (of 14 days) and runs for another 186 days. This gives you up to 200 days right of withdrawal (14 days statutory, 186 days voluntary).

9.2 To exercise the right of cancellation under our goodwill guarantee, you must contact us, Emma Matratzen GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, E-Mail: support@emma-sleep.co.uk with a clear explanation (for example, by Mail or e-mail) about your decision to cancel this contract under the goodwill guarantee. You can also use the sample revocation form at Clause 8.5. In order to benefit from the goodwill guarantee, it is necessary for you to send the notification of the exercise of the right of cancellation before the end of the respective goodwill guarantee period.

9.3 If you cancel this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. For such repayment, we use the same payment you used in the original transaction unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.

9.4 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. To clarify, this only applies when you carelessly damage the product not for using it appropriately and for its purpose. Damages by external factors (e.g. damages during delivery) will not reduce the refund price for you.

10. Returning product(s) under this contract

10.1 If you end this contract in accordance with the goodwill guarantee we will pick up the mattress from the property where it is located. Please email us at support@emma-sleep.co.uk to arrange collection.

11. Contract language, storage of the contract text

11.1 This contract is offered exclusively in English. The contract text (order data and general terms and conditions) is filed and stored by us. The storage is, however, only temporary and is not accessible to you. If you wish to file and store these terms and conditions you will have to do so separately.

12. Choice of the law and where you may bring legal proceedings

12.1 These terms are governed by English law and you can bring legal proceedings in respect of the product(s)s in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.

13. Limitation of liability

13.1 Emma will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, damage to property, data or other intangible losses (even if Emma has been advised of the possibility of such damages).

13.2 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 product(s)s.

13.3 We are not liable for business losses. We only supply the product(s)s for domestic and private use. If you use the product(s)s 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.

13.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.

14. Payment

14.1 You agree that you will receive invoices and credit notes exclusively in electronic form.

14.2 We accept the following payment methods: debit and credit card (Mastercard and Visa), Apple Pay, Google Pay, Klarna, PayPal, financing option through DivideBuy. For every order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and billing address, the value of the goods in the order or due to other objective criteria. We are entitled to refer to other payment methods for each order. You are responsible for any costs associated with money transactions.

14.3 We may offer online payment service providers and credit institution solutions whose terms of sales, credit contract, right of retraction, if applicable, and specific terms must be acknowledged by customers for service fruition. Termination of terms of sales between Emma and customer may result in termination of terms of sales or credit contract between customer and online payment service providers or credit institution. Always read the specific terms of sale and use of online payment service providers and credit institutions carefully before using the corresponding payment and credit services on the respective websites.

14.4 Emma accepts various payment methods. For this purpose, payment data may be transmitted to payment service providers with whom we cooperate.

(a) Pay with debit and credit card: You immediately pay during the process of ordering by entering your credit card data. The frames handling the credit card data are hosted by Checkout. Checkout SAS is registered in France under Company Number 841033970, with its registered address at 37-39 rue de Surène, Paris (75008), France. Checkout SAS is authorised by the Autorité de Contrôle Prudentiel et de Résolution as an electronic money institution.

(b) Pay with Paypal: You pay directly through your PayPal account. Upon submitting your order, you will be forwarded to Paypal to authorize the payment of the order value. PayPal is duly licensed in Luxembourg as a bank (or “credit institution” in legal terms). We are supervised by the Luxembourg financial regulatory authority, the Commission de Surveillance du Secteur Financier or CSSF. CSSF’s registered office: 283, route d’Arlon, L-1150 Luxembourg.

(c) Pay with DivideBuy: In cooperation with DivideBuy, we offer you a financing option. Upon submitting your order, you will be forwarded to DivideBuy to authorize the payment of the order value. You pay the first installment payment directly after entering into a credit agreement with DivideBuy. Subsequent payment(s) will be taken according to the agreed-upon schedule. If you are unable to meet the payment obligation, we reserve the right to suspend or cancel your order until the payment is received. DivideBuy is the trading name of Rematch Credit Limited. Rematch Credit Limited registered and trading at First Floor, Brunswick Court, Brunswick Street, Newcastle-under-Lyme, ST5 1HH, United Kingdom.

(d) Pay with Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options:

Pay Now by card: Klarna will create virtual payment card to make a payment immediately (subject to terms and conditions). You pay Klarna later by using the Klarna payment method of your selected choice. A credit check may be performed by Klarna as part of the assessment of your application.

Pay in 3: The payment will be made in accordance with credit agreement between you and Klarna. The total cost will be divided into three equal instalments. The first of your three payments will be taken from your card automatically once Klarna receives confirmation that your items have been shipped. The second payment will be taken 30 days after the first payment, and the last one 60 days after the first payment.

Klarna's Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. Ts&Cs and late fees apply

Further information on Klarna instalment purchase including the general terms and conditions can be found at Terms and conditions | Klarna UK.

(e) Pay with Apple Pay: Apple Pay is available when shopping on iOS and on MacOS devices using Safari browser. Before you can use Apple Pay, you must activate it in your Apple account (Wallet app) and on your device. Upon submitting your order, choose Apple Pay as your payment method and select the card you wany to use for the purchase and confirm the payment. When paying with Apple Pay, you will be immediately charged when concluding the purchase. Further information on payment via Apple Pay, including the General Terms and Conditions, can be found at https://www.apple.com/legal/applepayments/direct-payments/

When you use Apple Pay in apps and on the web, information necessary to process the payment is shared with the app or website. Your actual card number isn’t shared with the merchant.

Apple Pay is integrated through Adyen N.V. a public company registered in the Netherlands under company number 34259528 whose registered office is at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands. Adyen N.V. is supervised by the Dutch Central Bank as a regulated bank under Dutch law. In addition, Adyen and its group companies are supervised by different regulators and authorities, where applicable, across the globe.

(f) Pay with Google Pay: Google Pay is available when shopping on devices and browsers supporting it. Before you can use Google Pay, you must activate it in your Google account and on your device. Upon submitting your order, choose Google Pay as your payment method and select the card you want to use for the purchase and confirm the payment. When paying with Google Pay, you will be immediately charged when concluding the purchase. Further information on payment via Google Pay, including the General Terms and Conditions, can be found at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=und

When you use Google Pay in apps and on the web, information necessary to process the payment is shared with the app or website. Your actual card number isn’t shared with the merchant.

Google Pay is integrated through Adyen N.V. a public company registered in the Netherlands under company number 34259528 whose registered office is at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands. Adyen N.V. is supervised by the Dutch Central Bank as a regulated bank under Dutch law. In addition, Adyen and its group companies are supervised by different regulators and authorities, where applicable, across the globe.

14.5 As part of our fraud monitoring and prevention methods and on the basis of our legitimate business interests, we use a fraud monitoring and prevention service provided by Checkout SAS for all website sales.

14.6 All payments are subject to verification and approval by our payment processing partners. We reserve the right to reject or cancel any payment for any reason, including suspected fraud, unauthorized use, or insufficient funds. We also reserve the right to change our payment terms and conditions at any time, without prior notice. If you have any questions or concerns about our payment terms, please contact us at support@emma-sleep.co.uk.

15. Privacy Policy

15.1 Your personal details will be treated by us in accordance with applicable data protection regulations and according to our Privacy Policy which contains full details of the way in which we store and use your personal information.

III. Clauses 17 to 19 are Supplementary terms which will apply if you are not a consumer.

16. Transfer of risk

16.1 The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.

17. Extended retention of title

17.1 We retain ownership of the goods where you are not a consumer until the complete settlement of all claims arising from the current business relationship. The corresponding Security rights are transferable to third parties. Prior to the transfer of ownership of the reserved goods, the buyer is not entitled to pledge the goods or to surrender them for security.

17.2 Where you are not acting as a consumer you are entitled to resell the goods in the ordinary course of business. In this case, the purchaser shall already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the amount assignment. The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim itself if the buyer does not properly fulfill his payment obligations.

(1) In case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.

(2) The seller undertakes releasing the collateral which is due to him at the buyer's request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

18. Customer service

Our customer service is available Monday to Fridays from 9 am to 6 pm GMT. If you have a question or complaint, please send an email to: support@emma-sleep.co.uk

Other Important Terms

18.1 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.

18.2 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.

18.3 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.

19. Guarantee

This guarantee is applicable to Emma products that have been purchased on www.emma-sleep.co.uk or through one of our licensed partners and with delivery to a UK address. In order to be eligible for a refund or exchange, the product needs to be treated with proper care and in accordance with our advice.

19.1 We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery. Our beds, except for the screws, have a guarantee period of 2 years from the delivery date. Our pillows have a guarantee period of 2 years from the delivery date. The Emma Mattress Protector, Emma Cloud Duvet, Emma Hug Weighted Blanket, Emma 4 Season Duvet and Bed Linen are excluded from any guarantee period. This should not limit any applicable statutory rights.

19.2 Products which are part of the bundle can be returned individually in accordance with the individual product night trial period specified in section 21. The refund for individual products(s) will be calculated in accordance with the individual product(s) price with applicable discount. The only exception to this rule are bundles which include a free product.

19.3 Our 10-year guarantee covers your mattress against the following faults:

19.3. a) Any types of spring malfunction with our Hybrid mattress or any shifting of the spring layer.

b) Any permanent sags or dips that occur within your mattress despite correct usage. The indentation should be greater than 2.5cm and visible to the naked eye. This does not include standard softening of the mattress after extensive use and is only deemed faulty if a permanent indent is apparent.

c) Any cracks or hollows in the foam of your mattress. These need to be reported within the first 6 months of receiving your mattress to be identified as a manufacturing fault and the onus of checking the product is with the purchaser. After this point, we are not be able to identify if this was a production error or created through improper use, which will invalidate the 10-year guarantee for this type of damage.

d) The mattress not inflating to the correct size once removed from its vacuum packaging. We work to the industry standard of a leeway of 2cm across the length, width and depth of the mattress. Note that, should a new mattress take longer to inflate, or the corners do not inflate correctly after the minimum 7-hour period, it must be allowed to inflate for 24 hours and avoid the use of fitted sheets for at least 8 weeks. If the mattress has had a reasonable time to inflate (two weeks) and is not within these dimensions you will be entitled to an exchange of the mattress.

e) Cover damage, including damaged zip or faulty stitching resulting from improper manufacturing. If just the cover is damaged, we reserve the right to send a brand-new replacement cover, rather than exchanging the mattress core which remains undamaged. The guarantee does not extend to general wear and tear of the cover over its period of use.

19.4 If your mattress develops any of the faults outlined above within its 10-year guarantee, we require photographic evidence depicting the fault in question. This needs to be sent to our customer service department who will be able to assist in how the fault can be demonstrated through photographic evidence. If there is not sufficient proof that any of the criteria above has been met, we will not be able to offer an exchange of the mattress in question.

19.5 In the event of the mattress being proved as defective, a replacement will be shipped to you according to our current delivery time frames and availability. Additionally, the faulty mattress will be collected from you at no cost. If the mattress in question is discontinued and a replacement is unavailable, we will issue a full refund instead.

19.6 The replacement of the faulty mattress does not reset your guarantee period and the 10-year guarantee will cover from the original purchase date. For example, if the mattress should develop a fault after 5 years of use, the new mattress will be covered for the remaining 5 years of your 10-year guarantee.

19.7 Should the mattress develop a fault within the guarantee, we will exchange the mattress. However, should the exchanged mattresses also develop fault within the original guarantee period, we will offer mattress replacement or offer a refund (in exchange for a return of the product).

19.8 The refurbished mattresses (purchased through Wowcher, GoGroopie, Amazon and Ebay) come with a 14-day trial. These mattresses are covered by a 6-month guarantee, from the date of delivery, with the other terms of the warranty reflecting that of a new mattress.

19.9 Any mattress purchased through an approved seller (John Lewis, Amazon) will be valid under our 10-year guarantee with the same stipulations as above.

19.10 This guarantee is available only to you, the original buyer of the mattress, and may not be transferred to any other person. If you have purchased the mattress through an unofficial source, we would not be able to assist with any concerns regarding the warranty and recommend that you contact the seller for further assistance. Our mattresses are officially sold through our own website domain, John Lewis and Wowcher.

19.11 We will need your order details in order to check the legitimacy of the order and process the exchange accordingly. Failure to provide any relevant details, combined with the failure to locate the order on our system, will result in the assumption that this was brought from an unverified third party and as such we are not responsible for the exchange of the item.

19.12 The guarantee does not cover or extend to:

Normal wear and tear or any condition resulting from misuse or abuse of the product.

Standard softening of the mattress foam resulting from regular use.

Comfort preference after the 100 night trial, including preferences of firmness and/or heat retention levels.

Damage caused by mold, odour, mildew, discolouration caused by abnormal care such as liquid spillage, improper ventilation, or excessive humidity.

Mattresses that have been damaged or soiled due to improper use.

Faults or damages that have occurred due to the mattress not being unboxed within a reasonable time frame (Up to six weeks after delivery).

Mattresses that have been transported outside of the UK.

19.13 Should a new mattress develop a fault and take longer to inflate, or the corners do not inflate correctly after the 7-hour period, the new mattress inflate for 24 hours and avoid the use of fitted sheets for at least 8 weeks.

20. Epsilon Abacus

20.1 We work with Epsilon Abacus (registered as Epsilon International UK Ltd), a company that manages the Abacus Alliance on behalf of UK retailers and charities. The participating retailers are active in the clothing, collectables, food & wine, gardening, gadgets & entertainment, health & beauty, household goods, home interiors and travel categories.

20.2 The participating retailers are active in the clothing, collectables, food, wine, gardening, gadgets, entertainment, health, beauty, household goods, and home interiors categories. Retailers share information about their customers and what they buy.

20.3 Epsilon Abacus processes this information as a processor on behalf of the retailers to help them understand consumers’ wider buying patterns.

20.4 From this information, retailers can tailor their communications, sending individuals suitable offers that should be of interest to them, based on what they like to buy. You can learn more about how Epsilon Abacus processes your personal information in their Privacy Policy on their website.

21. Night Trial

21.1 The 200-night trial offer is valid on the Emma Original mattress, the Emma NextGen Cooling mattress, Emma Luxe Cooling Mattress, the Emma NextGen Premium mattresses, the Emma Original Hybrid mattress, the Emma Elite mattress, the Emma Divan Bed, Emma Ottoman Bed, Emma Deluxe Hotel Set and the Emma Premium Wooden Bed.

21.2 The Emma refurbished mattresses bought via Wowcher are exempt from this offer. Emma Toppers come with a 100-day trial period. The Emma Pillows come with a 30-day trial period. Emma beddings including the Emma Mattress Protector, the Emma Cloud Duvet, the Emma Hug Weighted Blanket and the Emma 4 Season Duvet are not guaranteed with trial periods but can be returned within the 14-day window in a brand-new resalable condition (apply the UK’s standard eCommerce return policy for hygiene products).

21.3 The Emma Sofa Bed can be returned within a 200-day period from the delivered date.

21.4 The Emma Signature Bed can be returned within a 30-day period from the delivered date.

21.5 This offer can be applied retrospectively on orders placed on or after April 26th, 2022.

21.6 This offer cannot be applied retrospectively to orders placed before April 26th, 2022.

21.7 The period to cancel expires at 12am on the 200th day since the date the order was delivered.

21.8 The night trial offer is offered on the basis of goodwill and, as such, we reserve the right to alter the night trial offer without prior notice.

22. Moving Houses Database (Datamixx)

We legally obtained the data about your move from Datamixx. If you have any questions or concerns about how your information is shared, please send an email to sj@datamixx.co.uk.

23. Emma Diamond Degree Topper renamed to Emma Premium Topper

Emma Premium Topper: the Emma Diamond Degree Topper is now the Emma Premium Topper, effective March, 2023. Some product boxes may still be labelled Diamond Degree Topper as we go through all the necessary changes in the logistics process.

24. Emma Premium Microfibre Pillow renamed to Emma Microfibre Pillow

Emma Microfibre Pillow: the Emma Premium Microfibre is now the Emma Microfibre Pillow, effective July 25th, 2023. Some product boxes may still be labelled Premium Microfibre Pillow as we go through all the necessary changes in the logistics process.

25. Emma Microfibre Pillow renamed to Emma Basic Comfort Pillow

26. Emma Lite renamed Original Hybrid

Emma Lite: the Emma Lite is now the Emma Original Hybrid, effective Aug 5th 2024. Some product boxes may still be labelled Lite as we go through all the necessary changes in the logistics process.

27. Emma Original Pillow renamed Original Foam Pillow

Emma Original Pillow is now the Emma Foam Original Pillow, effective Aug 13th 2024. Some product boxes may still be labelled Lite as we go through all the necessary changes in the logistics process.

28. Emma Premium Pillow renamed Premium Foam Pillow

Emma Premium Pillow is now the Emma Foam Premium Pillow, effective Aug 13th 2024. Some product boxes may still be labelled Lite as we go through all the necessary changes in the logistics process.

29. Boxing Day Sale

29.1 This promotion will run from Tuesday, 3rd December 2024 until Wednesday, 1st January 2025.

29.2 Mattresses (40% on NextGen Cooling, 30% on NextGen Premium), Beds (40% on Ottoman, 30% on Sofa Bed colour Beige), Pillows (40% on Premium Foam, 30% on Original Hybrid, 45% on Premium Foam Bundle, 35% Original Hybrid Pillow Bundle), Toppers (30% on Flip), Duvets (30% on Cloud Duvet, 20% on Weighted Blanket) and Bedding (15% on Essential Cotton selected colours, 20% on Percale Cotton selected colours, 25% on Sateen Cotton selected colours), Bundles (40% on Ottoman Bedroom Set, 45% on Cooling Boxing Day Deal and 35% on Premium Mattress Deal).

29.3 This offer cannot be used in conjunction with any other deal, promotion or discount.

29.4 We reserve the right to cancel, withdraw or change the promotion at our discretion and without prior notice.

29.5 During sales periods, Emma reserves the right to apply additional discounts at its discretion.

30. Clearance

30.1 Emma Signature Bed will be discounted at 50% off from Saturday, June 1, 2024, until end of stock.

30.2 Emma Luxe Cooling Mattress will be discounted at 45% off from Tuesday, December 3, 2024, until end of stock.

30.3 Emma ÑextGen Premium Plus Mattress will be discounted at 35% off from Tuesday, December 17, 2024, until end of stock.

30.3 Emma Essential Mattress will be discounted at 25% off from Monday, December 9, 2024, until end of stock.

30.4 Emma Lite Topper will be discounted at 25% off from Tuesday, December 3, 2024, until end of stock.

30.5 The following products are close to their end of shelf life and will be discounted until end of old stock: Emma Original Mattress at 35% off.

31. Second Life Products (Refurbished)

31.1 Second Life NextGen Premium Mattress is 35% cheaper than the current price of the new NextGen Premium Mattress.

31.2 Second Life NextGen Cooling Mattress is 45% cheaper than the current price of the new NextGen Cooling Mattress.

32. Emma Sleep Advent Calendar

32.1 Organiser The promotion is organised by Emma Matratzen GmbH, Wilhelm- 32.2 Leuschner-Straße 78 Frankfurt am Main.

32.2 How to Participate

To take part, participants must:

(a) Purchase any Emma product between 16 December 2024 and 25 December 2024.

(b) Follow Emma Sleep on Instagram.

32.3 Entries will only be valid if the purchase is made between 16 December and 25 December 2024, and the Instagram follow, like, and comment actions are completed between 16 December and 25 December 2024.

(a) Promotion Details This is not a skill-based promotion. Recipients will be selected randomly using the app Comment Picker.

(b) Prizes One prize will be awarded daily from 16 December to 25 December 2024. The prizes will consist of Emma products, and the specific item for each day will be disclosed in the corresponding daily advent post. Prizes are subject to availability and may vary.

(c) Entry Period The promotion starts on 16 December 2024 and ends on 25 December 2024 at 11:59 PM GMT. Entries submitted outside this period will not be considered. Only entries submitted within 24 hours of the post they commented on will be considered.

(d) Proof of Purchase Participants must retain proof of purchase as it will be required to claim a prize. Acceptable proof includes an order confirmation email or receipt showing the purchase date.

(e) Entry Limit Each participant is allowed one entry per daily advent post. A single purchase may only be used to enter the promotion once. Multiple entries using the same purchase are not permitted.

(f) Recipient Selection and Notification Recipients will be chosen randomly within 72 hours of the daily post. Only entries submitted within the 24 hours of the post will be eligible. Recipients will be notified via Instagram DM. Participants must ensure their Instagram account allows direct messages.

(g) Publication of Recipients Emma Sleep will reply to the recipient's comment to announce they have won. No other personal details or information about the recipients will be published.

(h) Eligibility The promotion is open to residents of the United Kingdom aged 18 and over. Employees of Emma Sleep or their immediate family members are not eligible to participate.

(i) General Terms Emma Sleep reserves the right to disqualify any participant who violates these terms or uses fraudulent methods of entry. Prizes are non-transferable and cannot be exchanged for cash or other alternatives.

(j) Instagram Disclaimer This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram.

(k) Acceptance of Terms By entering the promotion, participants agree to these Terms & Conditions.

33. Emma’s x Zarach Charity Campaign

33.1 Operator and Campaign Period: This campaign (the “Campaign”) is operated and promoted by Emma – The Sleep Company (Emma Sleep GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, Germany). The Campaign will run from 10:00 GMT on 21st December 2024 (the “Opening Date”) to 23:59 GMT on 22nd December 2024 (the “Closing Date”) (together the “Campaign Period”).

33.2 How the Campaign Works: During the Campaign Period, for every Emma Original Hybrid Pillow (the “Qualifying Product”) sold via the Emma UK website (https://www.emma-sleep.co.uk/), Emma – The Sleep Company will donate one (1) Emma Basic Microfibre Pillow to the charity Zarach. Zarach (Charity No. 1179539) is on a mission to end child bed poverty in England giving children the opportunity to engage at school and a chance to break the future cycle of Poverty. Emma will support this mission by donating pillows.

33.3 Eligibility: There are no restrictions on eligibility to participate in the Campaign. Any customer who purchases a Qualifying Product through the Emma UK website during the Campaign Period will automatically contribute to the donation to Zarach.

33.4 Donation Process:

a) For every Emma Original Hybrid Pillow sold during the Campaign Period, Emma – The Sleep Company will donate one Emma Basic Microfibre Pillow to Zarach.

b) The donated pillows will be provided directly to Zarach by Emma – The Sleep Company after the conclusion of the Campaign Period.

33.5 Privacy and Data Protection: No personal data of customers will be collected, stored, or processed by Emma – The Sleep Company as part of this Campaign.

33.6 Limitation of Liability:

a) To the fullest extent permitted by law, Emma – The Sleep Company will not be liable for any loss, damage, or delay arising from any technical, hardware, software, or other failures that may affect participation in the Campaign.

b) Emma – The Sleep Company will not be responsible for any delays in delivering donated pillows to Zarach caused by events outside of its control.

33.7 Rights Reserved:

a) Emma – The Sleep Company reserves the right to modify, cancel, or supersede the Campaign if it cannot be conducted as specified due to unforeseen circumstances.

b) Emma – The Sleep Company may substitute the donation product with another product of equal value if necessary.

33.8 Intellectual Property: All intellectual property rights in materials associated with this Campaign, including but not limited to images, branding, and text, are owned by Emma – The Sleep Company. No participant may copy, reproduce, or otherwise use any material related to the Campaign without prior written consent from Emma – The Sleep Company.

33.9 Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction in relation to any disputes arising from or in connection with these Terms and Conditions.

Emma Sleep Terms and Conditions

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