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 HRA 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.

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 a total of 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 200-day 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

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

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. Terms of payment and delivery

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

14.2 Only orders that have a minimum value of £279 (after any discounts have been applied) will be eligible for our 0% financing option.

14.3 We offer the following methods of payment: credit card (MasterCard and VisaCard), PayPal, PayPal Express, AmazonPay and instalment payments 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 invoice 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. Credit card statements are carried out by PAYONE GmbH • Fraunhoferstraße 2-4 • 24118 Kiel, Germany - Registered office: Kiel - Amtsgericht Kiel HRB 6107 - Managing Director: Carl Frederic Zitscher, Jan Kanieß - A company of the Sparkassen-Finanzgruppe

14.4 In the case of payment in advance we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. Please note that we only accept payments from accounts within the European Union (EU) and do not assume any costs attributed to money transaction.

14.5 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.

15. Privacy Policy

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

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 7 am to 5 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. 10-Year Guarantee

This guarantee is applicable to Emma mattresses 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 mattress 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. The Emma Metal Bed, except for the screws, has a guarantee period of 5 years from the delivery date. The Emma Wooden Bed, the Emma Divan Bed, the Emma White Bed, the Emma Platform Bed, the Emma Original Pillow and Emma Premium Microfibre Pillow have a guarantee period of 2 years from the delivery date. The Emma Emma Signature Bed, the Emma Signature Storage Bed and the Under bed storage set has a guarantee period of 10 years following delivery. The Emma Mattress Protector, Emma Cloud Duvet, Emma Hug Weighted Blanket and Emma Washed Linen are excluded from any guarantee period.

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

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

19.2.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.

19.2.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.

19.2.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. 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.

19.2.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.

19.3 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.

19.4 In the event of the mattress being proved as defective, a replacement mattress will be shipped to you in accordance with our current delivery time frames. The faulty mattress will also be collected from you free of charge.

19.5 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.

19.6 Should the mattress develop a fault within the guarantee, we will exchange the mattress and a refund will not be possible. However, should you go through this process 3 times, with two exchanged mattresses also developing faults within the 10-year period, you will then be entitled to a full refund of the purchase price upon its collection.

19.7 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.

19.8 The Emma Essential mattress (sold via Wowcher, GoGroopie, Amazon and Ebay) comes with a 14-day trial and a 5-year guarantee, beginning on the date of delivery. The other terms of the warranty reflect those of a new mattress.

19.9 Any mattress purchased through an approved seller (DFS, Carpetright, 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, DFS, Carpetright, 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.

20. Conditions for Refer-a-Friend

20.1 In order to be eligible for the Refer-A-Friend program, you must be an Emma customer with a customer account. To refer a friend, go to your customer account, where you will find your unique code. You can either share it with your friends directly or using the options provided.

20.2 The voucher code is only valid on purchases made on www.emma-sleep.co.uk.

20.3 The minimum spend is £290 for both the referrer and referred. The voucher code can be used on the entire Emma range. This voucher code can not be used in conjunction with discounts that offer more than 30 percent off.

20.4You are entitled to the £20 cash reward if the referred friend keeps their Emma products beyond their trial period. To receive the £20 cash reward, please ensure your bank account details are updated in your customer account. If you have any issues, please reach out to our customer support team on support@emma-sleep.co.uk. Restrictions might apply.

20.5 We reserve the right to invalidate the voucher if it is made public on the internet or appears on any search engine. In this case, the referrer also loses their claim to the £20 cash reward.

20.6 The number of cash reward pay-outs is limited to eight.

20.7The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the £20 cash reward is lost. The claim to the cash reward is also lost if the order is returned.

20.8The referrer and the referred cannot be the same person. People living in the same household cannot be referred, nor can family members.

20.9 Customers are prohibited from using fake or multiple email addresses or customer accounts and cannot use fictitious identities to take part in the Refer-A-Friend program.

20.10 We reserve the right to exclude customers from participating in this promotion if they do not meet the necessary requirements or violate the rules in any other way.

20.11 We also reserve the right to cancel the Refer-A-Friend program without further notice.

20.12 For further questions about the Refer-A-Friend program please contact our customer service by sending an email to support@emma-sleep.co.uk.

21. Ideal World Exclusive Terms and Conditions

By participating in this promotion, you agree to accept and agree to be bound to the terms and conditions set out below, in addition to Emma’s General Terms and Conditions, which can be found here: https://www.emma-sleep.co.uk/terms.

21.1 This offer is valid from 2nd July 2021, 00:00 GMT until 7th July 2021, 23:59 GMT.

21.2 This promotion entitles you to 41% off the Emma Original Mattress as well as the Emma Pillow and Protector when purchased with an Emma Original Mattress.

21.3 This offer is available exclusively to Ideal World and cannot be used in conjunction with any other promotion, deal or offer.

21.4 This offer is only available when using the link www.emma-sleep.co.uk/ideal-world-exclusive/.

21.5 By placing an order, you confirm that you are granting us permission to pass your information onto our couriers.

21.6 This offer is only for customers within the UK mainland only.

21.7 For further help or clarification please do not hesitate to send an email to support@emma-sleep.co.uk.

21.8 Promoters contact details: Emma Mattress, Wilhelm-Leuschner- Straße 78, 60329 Frankfurt am Main, Germany. Email: support@emma-sleep.co.uk.

22. Epsilon Abacus

22.1 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.

22.2 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.

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

22.4 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.

23. 200-Night Trial

23.1 This offer is valid on the Emma Original mattress, the Emma Hybrid mattress, the Emma Premium mattress, the Emma One mattress, the Emma Signature Bed, the Emma Signature Storage Bed, the Emma Under bed storage set and the Emma Divan Bed.

23.2 The Emma Essential mattress and the refurbished mattresses bought via Wowcher are exempt from this offer. The Emma Essential comes with a 14-day trial period. The Emma Flip Topper comes with a 100-day trial period. The Emma Pillows and Emm Hug come with a 30-day trial period. Emma beddings including the Emma Mattress Protector and the Emma Cloud 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).

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

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

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

23.6 The 200-night trial is offered on the basis of goodwill and, as such, we reserve the right to alter the 200-night trial without prior notice.

24. Exclusive Key Worker Discount

Emma Sleep is committed to showing support to the country’s key workers during these times of uncertainty. Persons eligible to use this discount include all healthcare workers, teachers and carers, who reside in the United Kingdom and are employed by the National Health Service or an agency contracted thereby, any private healthcare facility or an agency contracted thereby, all employed, self-employed, retired and unpaid carers and all persons working within the British educational system.

24.1 By placing an order via the Website during the duration of the offer, you accept and agree to be bound by the terms and conditions set out herein (“Terms”) together with Emma’s General Terms and Conditions, which can be accessed via https://www.emma-sleep.co.uk/terms/.

24.2 This offer is valid until 30 June 2021.

24.3 We are working with We Are Discounts Ltd and Blue Light Card Ltd to offer 40% off all Emma products to healthcare workers, teachers and carers.

24.4 This offer is available to workers who meet the criteria set out by our aforementioned partners. Information regarding this can be found on the following websites healthservicediscounts.com, www.discountsforteachers.co.uk, and www.discountsforcarers.com and www.bluelightcard.co.uk.

24.5 This offer is open to all key workers who have registered on the following websites : healthservicediscounts.com, www.discountsforteachers.co.uk, and www.discountsforcarers.com/.

24.6 This offer entitles eligible customers to additional 8% off on all Emma products, besides Original Mattress Bundle and Premium Mattress Bundle, bought through emma-sleep.co.uk and with delivery to the UK and by use of a discount code to be entered during the checkout process.

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

24.8 It is not permitted to share, distribute, sell, publish the code. Doing so will exempt you from this offer and we reserve the right to cancel your order for misuse.

24.9 Evidence of your eligibility may be requested from you at Emma’s sole discretion, and which Emma shall interpret as defining you to be eligible.

24.10 Where you are uncertain whether or not Emma will regard you as eligible for the for this promotion, or to seek guidance as to how to evidence that you are eligible, you must contact Emma via email at support@emma-sleep.co.uk to obtain written confirmation that you are eligible.

24.11 Emma’s decision as to who is and is eligible shall be final and no correspondence shall be entered into.

24.12 Emma may elect not to regard you as eligible for the discount despite your use of a discount code, and may take action including, but not strictly limited to, cancelling an order made pursuant to a discount code.

24.13 This is an offer of goodwill. Emma Sleep reserves the right to cancel, amend or withdraw this promotion if necessary.

24.14 Emma reserves the right to cancel, amend or withdraw this offer at any time where it considers it appropriate to do so having regard to its legitimate business interests or where it is prevented from administering the offer (including, but not limited to, where the capacity for Emma to complete your order is impacted by Covid-19 directly or indirectly).

24.15 In the event that the discount is not applied correctly, where you believe you have complied with these Terms or you have any other questions or issues in relation to the discount or wish to opt out of the discount for any reason, please contact us by email at support@emma-sleep.co.uk.

25. Signifyd (Fraud protection tool)

As part of our fraud monitoring, detection and prevention methods and on the basis of our legitimate business interests, we use a third-party fraud monitoring, detection and prevention service provider for all website/online sales.

The third-party service provider we currently engage is Signifyd, Inc. In order for their fraud monitoring, detection and prevention service to operate, Signifyd, Inc. will process your personal data, such as your name and contact information, payment information, transaction information and device information.

Signifyd, Inc., as an independent and separate data controller, is solely responsible for the use of your personal data regarding the services provided and will use it for the purposes set out in their privacy policy: https://www.signifyd.com/privacy.

26. 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.

27. Mother's Day Sale

27.1 This promotion will run from Tuesday 7th March until Monday 3rd April 2023.

27.2 Emma cooling mattress, bundle products and accessories will be discounted up to 55%.

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

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

27.5 All coupon codes are not applicable to the Emma Original Mattress Bundle, Emma Premium Mattress Bundle and Emma Signature Bed Bundle.

28. Emma Original Hybrid renamed to Emma Premium

Emma Premium: the Emma Original Hybrid is now the Emma Premium, effective Aug 23rd 2021. Some product boxes may still be labelled Original Hybrid as we go through all the necessary changes in the logistics process.

29. Emma’s Bed frame picture contest:

29.1 Conditions of participation:

29.1aAll participants who purchased a bed frame from us must submit a picture of their Emma Bed Frame in their bedroom, together with a short sentence or product review to the following email: newslettersupport@emma-mattress.co.uk to participate. Only one entry per order number is possible. All pictures submitted will be subject to quality control to ensure they meet the picture conditions listed below. To enter the competition you should also send us a sentence or two with a short review of your Emma Bed frame. By participating in this contest, you grant us the right to use any photos and content emailed to the company for the purpose of this contest on our website, as well as on our owned and controlled social media platforms and channels. The right of use is granted for an indefinite term.

29.1b Picture conditions: The picture should include one of our Emma bed frames (Emma Signature bed, Emma Metal bed, Emma Platform bed, Emma Divan bed, Emma Wooden bed). The picture should have good lighting and must be taken on a portrait shot (vertical shot). The picture must show a full view of your Emma bed frame, from any preferred angle. The picture must have medium/high resolution. The Emma bed frame and at least part of your bedroom setting should be clear and visible, ideally in a tidy manner and without excess of accessories.

29.1c Prize: The chance to win the total cost of the last order back.

29.1d Number of winners: 2

29.1e Participation period: 20/04/2022 – 22/05/2022

29.1f Announcement of the winners: 27/05/2022

29.2 When the contest is over, the best two pictures will be selected by us to receive the prize. The winners will be determined on the date of the announcement. The winners must meet all conditions of participation. We will announce the winners by contacting them via email. The winners will then have three working days to reach out to us directly via email to claim their prize. If this is not the case, a new winner will be chosen. Participation is allowed to people over the age of 18, who are residents in the United Kingdom. Each person can only participate once. The legal process is excluded.

29.3a Participant The present conditions of participation and data protection information regulate the participation in the contest of www.emma-sleep.co.uk (hereinafter: the organizer) by the participants as well as the collection and use of data collected or communicated by the participants. Entrant accepts the terms and conditions by registering for the competition. The contest entry criteria, the end and start dates of the competition, the prize and information on how to receive the prize are clearly indicated on the website.

29.4 Rights of Use, Exemption and Liability The organizer is not responsible for any damage caused to third parties based on the information provided by the participant. However, the organizer has the right to reject them if the content is illegal or contrary to morality according to the evaluation of the organizers. By providing information or content to the organizer (especially photos), the participant ensures that the content or information is free to use and that third parties have no rights over them in any way that is. The participant ensures that the content or information comes from the participant, or that the participant has the right expressed by the creator to use it. The participants guarantee the organizer against any third party claim arising from the content made available to the participants. The participant agrees to support the organizer in all reasonable ways in defending these claims. The entrant agrees that the information provided for participation in the contest, during and after the prize draw, as well as during the prize claim, will be used by the organizer in the offline and online media, so that third parties can access this information. To this end, the organizer is also authorized to process the tenders and, if necessary, grant rights of use to third parties. These actions are free and without any spatial, content or temporal limitation

29.5 End of the contest A payment in cash, a price in other goods, a price exchange or the award of the prize to a third party is not allowed. A participant may choose not to accept the prize. In this case, a new draw is made and a new winner is chosen. Delivery details (eg date, method, etc.) are settled on a case-by-case basis with the winner.

29.6 Exclusion of the guarantee The organizer emphasizes that the availability and functioning of the competition can not be guaranteed. The competition may be interrupted or canceled due to external circumstances and constraints, without the participants being able to assert their rights against the organizer.

30. Emma’s Cheese Dreams Study Competition:

This competition (the Competition) is operated and promoted by Emma – The Sleep Company (Emma Sleep GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, Germany)

The competition will run from 09:00 am GMT 8th December 2022 (the Opening Date) until 11:59pm GMT 24th December 2022 (the Closing Date) (together the Competition Period)

30.1 Competition and Data Protection: By entering the Competition, you (as the Entrant) agree that your full name, email address, phone number and entry text will be used by Emma – The Sleep Company for the purpose of fulfilling this Competition and for the purpose of receiving marketing contact if you the Entrant have selected to opt in.

Emma – The Sleep Company may request further personal information to the extent necessary to fulfil the prize. You agree that your personal data will be used by Emma - The Sleep Company to complete the Competition. Any personal data collected by Emma – The Sleep Company will be processed in accordance with Emma – The Sleep Company’s privacy policy.

Your email address and any other personal details that you the Entrant provide for this Competition will be used and processed by Emma – The Sleep Company for the purpose of operating and managing this Competition, as well as for marketing purposes if opted in. Emma – The Sleep Company will process your personal information in accordance with its privacy policy.

Any questions, comments or complaints regarding the Competition must be directed to media@emma-sleep.com.

30.2 How to Enter the Competition: To enter the Competition, you the Entrant must:

a. complete all the questions on the entry form;

b. in 100 characters or more, give your most engaging answer as to why you should be chosen to take part in Emma’s Cheese Dreams study;

c. be willing to share your full name, email address and phone number for entry into the Competition;

d. be able to take part in our at-home study each day between 13th January 2023 and 27th January 2023.

30.3 Eligibility: To be eligible to enter the Competition, you the Entrant must:

a. be eighteen (18) years or over; and

be a UK or Republic of Ireland resident.

By entering the competition, you the Entrant confirm that you are eligible to do so, eligible to claim the Prize, and eligible to take part in the study. Emma – The Sleep Company may require you the Entrant to provide proof that you are indeed eligible to enter the competition.

The following individuals are excluded from the competition:

a. employees of Emma – The Sleep Company;

b. employees of agents or suppliers of Emma – The Sleep Company who are professionally connected with the competition or its administration; or

c. members of the immediate families or households of (a) and (b) above.

Emma – The Sleep Company reserves all rights to disqualify you the Entrant if your conduct is contrary to the spirit or intention of the Competition.

Emma – The Sleep Company will not accept competition entries that:

a. are automatically generated by computer;

b. are completed in bulk;

c. are entered the competition multiple times;

d. contain any inappropriate content, condone or encourage violent or anti-social behaviour, or cause offence;

e. are illegible, indecipherable, unintelligible, have been altered, reconstructed, forged or tampered with; or

f. are incomplete.

Emma – The Sleep Company shall have the right, in its sole discretion, to exclude anyone from the Competition who acts in such a manner.

30. 4 How the Competition Works: The Competition closes on the Competition End Date. Any entries made in accordance with the Competition must be submitted during the Competition Period. Any entries made after the Competition End Date shall be deemed invalid and therefore not considered.

No purchase necessary.

Only one (1) entry per person.

By entering the Competition, you the Entrant are agreeing to be bound by these Terms and Conditions.

30.5 Prizes: The one (1) winning entrant of the competition (the Winner) will receive (the Prize):

a. one (1) hamper, including three (3) cheese varieties to be eaten during the study period;

b. a link to an online dream diary.

The Prize is not transferable or negotiable and has no cash alternative.

The Prize must be claimed on the specific day as communicated by Emma – The Sleep Company.

30.6 How a Winner is Selected: The competition entries will be judged by the Emma – The Sleep Company team (the Judges). The Judges’ decision is final. The Winner will be contacted by email by Friday 30th December 2022 (Winner Announcement Date).

All reasonable efforts will be made to contact the Winner by email but if the Prize is declined or unclaimed by the Winner, or if the Winner cannot be contacted, for whatever reason, within five (5) working days of the Winner Announcement Date, a replacement Winner will be selected based on the same random selection and will be notified on the same terms. The original Winner and their entry will then be forfeited. A Prize may not be claimed by a third party on the Entrant’s behalf.

Emma – The Sleep Company must either publish or make available information that indicates that a valid competition took place. To comply with this obligation Emma – The Sleep Company will send the surname of each Winner and winning entry, to anyone who emails media@emma-sleep.com within one (1) month after the Competition End Date. If you object to any or all of your surname and winning entry being published or made available, please contact Emma – The Sleep Company at media@emma-sleep.com. In such circumstances, Emma – The Sleep Company must still provide the information and winning entry to the Advertising Standards Authority on request. Emma – The Sleep Company will also send the full names of the judges to anyone to emails media@emma-sleep.com up to one (1) month of the Competition End Date requesting details of the judges.

30.7 Promises: When submitting a Competition entry you, the Entrant, promise that:

a. you will not upload, include any content that violates, or encourages any conduct that violates any law or regulation (including but not limited to any intellectual property rights), and any entry including any such material, will be invalid at Emma – The Sleep Company’s sole discretion. Emma – The Sleep Company excludes any and all liability in respect of any such material; and

you will not act in any way which is rude or violent towards Emma - The Sleep Company’s staff at entry stage or during the duration of the Prize stay. Emma – The Sleep Company shall have the right, in its sole discretion, to exclude anyone from the Competition who acts in such a manner.

30.8 Intellectual Property: All competition entries will become the property of Emma – The Sleep Company on receipt. By submitting your competition entry and any accompanying material, you the Entrant agree to:

a. allow your name and entry to be used in any communications to promote Emma – The Sleep Company; and

b. assign to Emma – The Sleep Company all your intellectual property rights with full title guarantee; and

c. waive all moral rights;

in and to your competition entry and otherwise arising in connection with your entry to which you the Entrant may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

30.9 Limitation of Liability: Emma – The Sleep Company will not accept responsibility for competition entries that are lost, delayed in transit regardless of cause, including but not limited to, equipment failure, technical malfunction, network and computer hardware or software failure.

To the fullest extent permitted by law, Emma – The Sleep Company will not under any circumstances be responsible or liable for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by Emma – The Sleep Company’s negligence. The Entrant’s statutory rights are not affected.

30.10 Emma – The Sleep Company’s rights: Emma – The Sleep Company reserves the right at any time to cancel, modify or supersede the Competition if, acting reasonably, the Competition cannot be conducted as specified.

Emma – The Sleep Company reserves the right to substitute the Prize for another Prize of equal value, in the event that circumstances beyond its control make this unavoidable.

If there is any reason to believe that there has been a breach of these Terms and Conditions, Emma – The Sleep Company may, at its sole discretion, reserve the right to exclude you from participating in the competition.

30.11 Governing Law: These Terms and Conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

31. Emma Valentine’s Week Giveaway

31.1This giveaway is operated and promoted by Emma – The Sleep Company (Emma Sleep GmbH, Wilhelm-Leuschner-Str. 78, 60329 Frankfurt am Main, Germany). The competition will run from 18:00 pm GMT 14th February 2023 (the Opening Date) to 11:59pm GMT 20th February 2023 (the Closing Date) (together the giveaway Period). Giveaway and Data Protection: By entering the giveaway, you (as the Entrant) agree that your full name, email address and mobile number (if provided), and city will be used by Emma – The Sleep Company for the purpose of fulfilling this giveaway and for the purpose of receiving marketing contact if you the Entrant have selected to opt-in.

31.2 Emma – The Sleep Company may request further personal information to the extent necessary to fulfil the prize. You agree that your personal data will be used by Emma - The Sleep Company to complete the giveaway. Any personal data collected by Emma – The Sleep Company will be processed in accordance with Emma – The Sleep Company’s privacy policy. Your email address and any other personal details that you the Entrant provide for this Competition will only be used and processed by Emma – The Sleep Company for the purpose of operating and managing this giveaway and for the purpose of marketing contact. Emma – The Sleep Company will process your personal information in accordance with its privacy policy. Any questions, comments or complaints regarding the giveaway must be directed to marketing@emma-sleep.com.

31.3 Eligibility: To be eligible to enter the Giveaway, you the Entrant must: a. be eighteen (18) years or over; and b. be a UK or Republic of Ireland resident.   In entering the Giveaway, you the Entrant confirm that you are eligible to do so and eligible to claim the Prize. Emma Sleep may require you, the Entrant, to provide proof that you are indeed eligible to enter the giveaway. The following individuals are excluded from the giveaway: 1. employees of Emma – The Sleep Company; 2. employees of agents or suppliers of Emma – The Sleep Company who are professionally connected with the giveaway or its administration; or members of the immediate families or households of (a) and (b) above. Emma – The Sleep Company reserves all rights to disqualify you the Entrant if your conduct is contrary to the spirit or intention of the Competition. Emma – The Sleep Company will not accept competition entries that: 1. contain any inappropriate content, condone or encourage violent or anti-social behaviour, or cause offence; 2. are illegible, indecipherable, unintelligible, have been altered, reconstructed, forged or tampered with; or 3. are incomplete. Emma – The Sleep Company shall have the right, in its sole discretion, to exclude anyone from the giveaway who acts in such a manner. How the Competition Works: The giveaway closes on the giveaway End Date. Any entries made in accordance with the giveaway must be submitted during the giveaway Period. Any entries made after the giveaway End Date shall be deemed invalid and therefore not considered. No purchase necessary. By entering the Giveaway, you the Entrant are agreeing to be bound by these Terms and Conditions. Prizes: The fifteen (15) winning entrant of the competition (Winners) will receive (the Prize): 1. one (1) Emma Hybrid Cooling Mattress The Prize is not transferable or negotiable and has no cash alternative. The Prize must be claimed on the specific day as communicated by Emma – The Sleep Company 30.6 How a Winner is Selected: A winner will be randomly selected by one of our influencer marketing team members. No personal data will be shared while randomly selecting the winner.  Emma – The Sleep Company’s decision is final. The Winner will be contacted by Instagram direct message. All reasonable efforts will be made to contact the Winner but if the Prize is declined or unclaimed by the Winner, or if the Winner cannot be contacted, for whatever reason, a replacement Winner will be selected based on the same random selection and will be notified on the same terms. The original Winner and their entry will then be forfeited. A Prize may not be claimed by a third party on the Entrant’s behalf. Emma – The Sleep Company must either publish or make available information that indicates that a valid competition took place. To comply with this obligation Emma – The Sleep Company will announce the winner on the Instagram page Emma - Please note that this is the only account and you will only be contacted directly from this account. Please do not share any personal details or click on any links sent by fake accounts. This giveaway is not affiliated with nor endorsed by Instagram Emma – The Sleep Company’s rights: Emma – The Sleep Company reserves the right at any time to cancel, modify or supersede the giveaway if, acting reasonably, the giveaway cannot be conducted as specified. Emma – The Sleep Company reserves the right to substitute the Prize for another Prize of equal value, in the event that circumstances beyond its control make this unavoidable. If there is any reason to believe that there has been a breach of these Terms and Conditions, Emma – The Sleep Company may, at its sole discretion, reserve the right to exclude you from participating in the giveaway. Governing Law: These Terms and Conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.