EnMed Technologies

These terms and conditions of sale constitute a binding agreement between EnMed Technologies Ltd (www.enmedsleep.com/www.enmedinnovation.com or related websites) (us/we) and its customers (you) which applies to all purchases of items by you from the www.enmedsleep.com website and its affiliates.

ACCESS

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

We reserve the right to:

Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

PURCHASE OF PRODUCTS

All orders are subject to acceptance in accordance with our Order acceptance policy.

CONTRACT

• You place your request for information on our products by sending an e-mail as advised on our website.
• We will contact you by telephone to discuss your requirements and/or obtain your your order. We will then e-mail an order acknowledgement detailing the products you have ordered. This is not an order confirmation or order acceptance from www.enmedsleep.com.
• Our representative will be in direct contact within 48Hrs with details of your order.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy.

DESCRIPTION OF GOODS

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

All sizes quoted are approximate. The illustrations of colours and covers are representative only. We make every effort to ensure that colours are as close as possible to the actual colours however there may be slight variations due to the nature of the medium. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation.

PRICES

All prices listed include VAT (Value Added Tax) at the Republic of Ireland at standard rate of 21%. Due to circumstances beyond our control prices may have to be increased or decreased including any alterations to VAT. The correct price you will pay will be on your printed order confirmation. Other VAT conditions may apply for countries outside the Republic of Ireland and you will be informed in advance of the details on your specific country VAT system and charges etc.

Any special offers will be priced accordingly.

PAYMENT

All orders are payable in full before delivery. Interest is chargeable on unpaid balances. www.enmedsleep.com will continue to own and reserve the right to repossess any goods sold under contract until payment has been received in full.

We accept all major credit cards/debit cards VISA, Mastercard, Laser.

You confirm that the credit or debit card that is being used is yours.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

ORDER ACCEPTANCE POLICY

Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy.

Non-acceptance of an order may be a result of one of the following:

• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions

If there are any problems with your order, you will be contacted by our Customer Services Representatives.

The sales contract is therefore completed in Republic of Ireland .

We reserve the right to reject any offer to purchase by you at any time.

REFUSAL OF TRANSACTION

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under Irish law you must:

• Be over 18 years of age
• Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

DELIVERY

We aim to deliver all goods within 60 working days from receipt of order. A display counter showing expected leadtimes for supply may be visible on the Home Page of our website. You should consult this as a guide to leadtimes. This is purely a guide and not a commitment on specific supply times. Some ranges may be out of stock and if this occurs you will be contacted within 48hrs. Some products that require customisation may take longer but you will be contacted if this is the case.

Other reasons for delay could be:

• During holiday periods i.e. Christmas, Easter.
• The delivery address is in an area of inaccessibility. Inaccessible areas are defined as follows: Islands, Rural Area
• The product you have ordered is a specialist item.
• Unforeseen circumstances, such as acts of god, strikes or delays by suppliers.

If for any reason the 30 working day deadline cannot be met you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund.

We offer FREE week day delivery on all products in the Republic of Ireland. We cannot deliver on Saturdays or Sundays. We reserve the right to charge a Delivery fee where necessary.

By accepting this delivery service you are accepting our delivery personnel or a representative of www.enmedsleep.com into your home, we ask that you remove any breakables or anything that can be damaged to somewhere safe. We cannot be held responsible for any breakables that are not removed to safety.

FAILED DELIVERY ATTEMPT

In the event of a failed delivery ie. you were not in when we attempted delivery, please contact us again to re-arrange delivery for another mutually convenient day. We reserve the right to recoup transportation costs for the return trip.

RETURNS & CANCELLATION POLICY

If your goods are incorrect, faulty or damaged on delivery we will either exchange the product or issue a full refund within 14 days of your delivery. This does not affect your statutory rights.

If you are unhappy with your purchase for any other reason, or change your mind, and notify us within 7 working days of delivery, we will offer you a choice of either exchange to another product or collection and refund of the goods. Although we reserve our right to recover the cost of collection, which would be deducted from the refund amount. The charges for collection will be €75 per item.

You need to ensure that all reasonable care is taken of the goods whilst in your possession, and original wrappings must be retained and used for collection.

The collection of cancelled goods will be completed by our enmedsleep.com representatives, who will liaise with you to arrange a mutually convenient day for collection. Once we have received confirmation from delivery personnel that the goods have been collected and returned in good condition, we will issue the relevant refund.

GUARANTEE

www.enmedsleep.com offers a warranty on our Mattresses.

In the unlikely event that a problem should arise due to either faulty material or poor workmanship, we will replace any part or all of the product that is defective completely free of charge. The warranty covers physical defects.  The warranty does not cover mis-use, deliberate damage, normal wear and tear, normal changes in hardness or material properties. The warranty is valid only if the mattress product is used and handled as described in the instructions for use.

Replacements covered under warranty will be free of charge, but may attract a contribution to the transport costs.

If a claim is made under the guarantee, you must present an invoice or sales receipt as documentation of your purchase.

Warranty Conditions:

The mattress must be used as per the Care Instructions.

The guarantee is void if a fault results from misuse of the product. Examples of misuse would include;

• Subjecting the product to excessive wear and tear, e.g. jumping up and down on the bed.
• Using the mattress with a base for which it was not designed (e.g. an old sprung base)
• Rolling or bending the mattress.
• Cutting the core or exterior of the mattress.
• Puncturing the core of the mattress
• Machine washing the sealed core components and foam of the mattress
• Using aggressive detergents or phenols in wiping the inner mattress core.

Wherever possible, any replacement will be made of identical material. However, if no longer available, our suppliers reserve the right to substitute appropriately with a similar material or one of higher quality.

Disclaimer: While our mattress products are designed to help provide health benefits to our customers, we make no warranties, express or implied, that our products will cure or assist in treating any ailments, illnesses or diseases.

INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us and/or our licensors. You are permitted to use this material only as expressly authorised by us and/or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

LIMITATION OF LIABILITY

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will not be liable, in contract, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Registered Office: : EnMed Technologies Ltd, NSC, Mahon, Cork. Ireland
Company Registration Number: 428766
Company VAT Number:IE 9579815 I