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These Terms of Sale apply to the ordering and supply of mattresses and sleep-related products (the “Products”) offered from time to time on the Owl + Lark website (the “Website”) at https://owllark.com by Owl + Lark Limited (“us” or the “Company”).
These Terms of Sale apply to the contractual relationship between you, the customer, and Owl + Lark Limited (“us” or “we”), a company registered in England and Wales with company number 12398178, of Winterman House 11 Old’s Approach, Tolpits Lane, Watford, Middlesex, United Kingdom, WD18 9QY and VAT Registration Number 349183378, trading as “Owl + Lark”.
We have taken reasonable steps to depict Products accurately on our Website but it may be that these images differ slightly from the Products in respect of colour, shade, configuration, size, or due to differences in the way they are displayed on the screen of your device.
If you have questions about a particular colour, shade, or the appearance of the mattress please contact our customer service at email@example.com.
You must be at least 18 years old to purchase Products from us.
You can purchase Owl + Lark Products by visiting the Website and following prompts on-screen.
If you elect to create an account when ordering from the Website you warrant that all the information you provide is complete, accurate and current. You are responsible for safeguarding your account details and subsequently for any activity that occurs under your credentials.
By confirming your order at checkout you are agreeing to these Terms of Sale and are under obligation to pay for the Product(s).
By clicking the “Confirm + Pay” button on the checkout page, you enter into an obligation to pay for the Product(s) you have selected. If your payment is accepted by our third-party payment processor, you will receive an email from us acknowledging that we have received your order and payment has been authorised by your card provider. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product and remains subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. Where we accept your order we will confirm this by contacting you to arrange delivery of your Product(s) and sending you an email once the delivery has been arranged. This email will initiate a contractual relationship between you, the customer, and us under these Terms of Sale.
We must receive full payment of goods before we can accept your order.
All orders are subject to acceptance and availability. If at the time you place your order we are unable to fulfil it due to insufficient stock we will notify you promptly at which point you can decide if you prefer to wait for your mattress or cancel your order. We reserve the right to cancel or reject any order due to the unavailability of stock.
We are not responsible for any mistakes made by you when placing your order. It is your responsibility to ensure the details of your order are correct. If you discover an error and your item has not yet been dispatched please contact us immediately and we will make every effort to amend your order.
Because it can be difficult to tell if a mattress is a good fit without sleeping on it, we offer a 101 day trial period on mattresses offered on the Website (“Trial Period”). We strongly recommend that you keep the mattress for a minimum of 30 days before you make a decision either way.
The Trial Period will commence on the date your mattress is delivered to your home.
If for whatever reason you decide you no longer want to keep the mattress please notify us in writing by email including your name and order number. You must make your request for a return within the 101 day Trial Period. We reserve the right to refuse returns where the request is placed outside the Trial Period.
Only one trial period is allowed per household. We reserve the right to refuse multiple returns of Products made from same household.
Condition of the mattress
A mattress must be returned to us in such condition that we could reasonably expect to resell it and we reserve the right to refuse a return based upon the state of the mattress.
We may refuse a return if the our opinion or the opinion of a third-party delivery company the mattress has tears, visible staining or soiling, damage which is not the result of standard wear and tear, or is malodorous. We inspect all returns at our warehouse after they have been returned. We may refuse a return after it has arrived at our premises but we will endeavour to inform you within 14 days of our receipt of the mattress if we have concerns about the condition of a returned Product.
We recommend the use of a mattress protector to ensure the mattress remains in good condition during and after the trial period.
Any return during the Trial Period using our standard delivery service will be free of charge.
We aim to pick up goods within 14 days but this may vary depending on courier availability and your timing. If for reasons due to your availability we cannot collect your mattress within 30 days of your contacting us we reserve the right to refuse the return.
We will refund you up to the amount that you have paid for the mattress. Refunds will be made to the same payment method or bank account originally used to place your order. If you ordered a mattress and paid extra for express delivery this additional charge will not be included in your refund. We endeavour to ensure that refunds are processed within 14 days from the date we receive the returned mattress.
Product prices are displayed on our Website. The price of mattress Products includes applicable UK taxes as well as the cost of our standard white-glove delivery service.
We also offer a service to remove and recycle your existing mattress. This option may be selected during checkout or optionally on the day of delivery and is provided by a third-party delivery company.
Any payment for services related to your delivery that is not made via our Website ( for example payment for optional removal of your mattress on the day of delivery) constitutes a separate contract between you and a third-party delivery company for which we accept no liability.
All prices on the Website are subject to change. Any changes to pricing will not affect any orders which have already been dispatched.
From time to time we may offer customers “offer codes” or “referral codes” through promotional activities via a variety of channels (together, “offer codes”). These offer codes are redeemable towards a purchase on the Website, subject to these Terms and and other exclusions that may be published on the Website or at the point the offer codes are made available. Codes not supplied by us will not be considered valid.
Offer codes may be used by filling them in to the relevant field on the Website during checkout and are not valid on any other sales channel.
The monetary value of any offer code will not be refunded if any Product is returned nor can offer codes be redeemed for cash or cash equivalents.
If you refer Owl + Lark to a friend who later purchases one of our mattresses and retains it beyond the Trial Period you will receive £50 refunded to your original method of payment, and the person you referred will receive £50 off his or her purchase.
Referrals are for friends and family and not for commercial purposes. They must not be distributed to any promotion code websites or similar public forums. We reserve the right to refuse to accept any referral code that we consider has been distributed through a public forum.
We accept payment by Visa, MasterCard and American Express. When you place an order you agree that all of the payment information you provide is true and accurate and that you are authorised to make payments using the card details you have provided.
Payment processing on the Website is handled by a third-party payment processor, Stripe, Inc. Online payment transactions may be subject to validation checks. If your card issuer does not authorise the transaction you will be notified during checkout.
Payments on the Website are made in British pounds sterling (GBP).
After you place an order with Owl + Lark and receive your order confirmation you will be contacted by our delivery partner to arrange a convenient date and time for delivery, which will be made to the address you stipulated in the “Shipping Address” field on the Website.
According to Distance Selling Regulations, you have a right to receive the goods you have ordered within 30 days of placing your order, unless otherwise agreed between you and us. In accepting these Terms of Sale you are agreeing to arrange a date and time for delivery with our white-glove service, and in doing so you accept that the time period for delivery may vary depending on location and availability, however we will make every effort to deliver your mattress promptly.
Deliveries are made by a third-party courier and normally take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 7pm.
If you require expedited delivery please contact us as soon as possible and we will seek to arrange expedited delivery with an alternative courier service. If you opt for an alternative delivery method the terms and conditions relevant to that specific courier will apply and we can not guarantee the same level of service provided in these Terms. For example an alternate courier might not provide in-home delivery, place the mattress in the room of your choice, or remove your old mattress.
We will not be liable for any delays resulting from your providing inaccurate or incomplete information.
We cannot deliver orders to PO Boxes. Delivery will require someone to sign for receipt of the mattress.
If you are unavailable to sign for the mattress you may instruct us to leave it in a safe location of your choosing. Once it has been delivered to your nominated location you will be deemed to have accepted delivery and any risk of harm or loss will transfer to you. We may refuse to leave the mattress in your nominated safe place if we consider the location unsuitable.
If the mattress is delivered to you at a location outside the UK it may be subject to inspection by customs and you are responsible for any fees and import tax.
Please refer to the dimensions of the mattress to ensure that it will fit through the requisite doorways, staircases, passageways etc. Please also be sure that the mattress will fit in both its rolled and uncompressed states. We will not accept a return if we cannot remove the uncompressed mattress from your premises without damaging the mattress. Dimensions for our Products are provided on the Website however if you are in doubt and have questions please contact us at firstname.lastname@example.org.
We are not responsible for moving any furniture or other items from of within your premises in order to deliver a Product. You must ensure that on the day of delivery nothing is obstructing the path to the room where you want the mattress to be placed. Please also safeguard anything valuable so as to avoid any accidental damage. This applies to the delivery of your Owl + Lark mattress, Trial Period returns collection, and the removal of your old mattress at the time of delivery if you have opted for this service.
Ownership of the delivered Product and risk will pass to you when you accept delivery.
If you need to cancel an order you must do so before the mattress has been dispatched. Please contact us directly and we will make every effort to stop the shipment.
If the mattress has already been dispatched when you contact us to cancel, you may send it back as a return under the terms of our Trial; we ask that if you do not intend to keep the mattress you leave it compressed and packaged for the delivery service.
You have a legal obligation to take reasonable care of the mattress during this period while it is in your possession. If when you cancel an order the mattress has already been dispatched you must not open it when it arrives. It should remain compressed and in its packaging.
Every Owl + Lark Mattress is covered by a limited warranty (the “Warranty”) against defects in materials and workmanship for 10 years from the date of purchase.
The Warranty is for the benefit of the original purchaser of the Product and is not transferable by you to anyone else.
The Warranty covers you while you own the mattress and use it for its intended purpose. For example, the Warranty covers:
Manufacturing defects and material physical imperfections that disrupt the proper functioning of the Mattress; and
Damage resulting from faulty workmanship.
The Warranty does not cover damage attributable to normal wear and tear or improper use of the Mattress. For example it does not cover:
Normal wear and tear, normal softening as the mattress settles;
Damage due to improper use or mishandling of the product;
Damage resulting from misuse or accidental damage of the mattress such as burns or stains;
Damage arising from failure to adhere to care instructions provided with the Mattress or that may be published from time to time on our Website; or
Damage or deterioration arising where the mattress has primarily been used in a commercial setting (e.g. hotel, bed and breakfast).
If you intend to use your Owl + Lark Mattress for commercial purposes please contact us prior to purchase.
If you wish to make a claim under Warranty, you must contact us by email within the Warranty period at the email address then specified on the Website detailing the nature of the defect. We may ask you to substantiate a Warranty claim with further information such as images, further written explanations or an inspection by us. We will determine within our discretion whether a purported defect is covered by the Warranty.
Nothing in this section affects your statutory rights.
Depending on the type of damage, state of the mattress, your location, and whether a replacement item is in stock, we may attempt to repair it, offer a replacement, or refund part or all of the purchase price.
The terms of the Warranty will apply to a replacement mattress with the start date having effect from the date of the original purchase. Nothing in these terms shall limit your legal rights.
Owl + Lark owns and controls any proprietary rights or intellectual property in the Website and the content presented on the Website.
You shall not make publicly available images of our mattress where the label and/or logo is visible and based on the context the images could reasonably be deemed disreputable or likely to cause harm to the Owl + Lark brand.
These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Nothing in these Terms of Sale shall limit or exclude liability for death or personal injury resulting from negligence, or for fraudulent misrepresentation. Nothing in these terms shall limit or exclude liability in any way that is not permitted by the Consumer Rights Act 2015 and the Consumer Protection Act 1987, the Sale of Goods Act 1979 or any other applicable laws or regulations.
We will not be liable where damage or loss was caused by events that are not reasonably foreseeable or beyond our control.
Our mattresses are for personal use. They are not to be used directly or indirectly in connection with any business or undertaking intended to produce a profit unless exceptionally agreed in advance with the Company. As a result we will not be liable for any loss or damage to a business however caused in connection with our supply of Products.
If we elect to waive any of our rights under any section of these Terms of Sale this will not bar us from bringing future claims; if we do not enforce our rights against you this does not negate your contractual obligation to perform in accordance with these Terms of Sale.
If a provision of these terms is determined by judicial proceeding or another competent authority to be unlawful or unenforceable the remainder of these terms shall remain in full effect.
We may amend these Terms at any time. We will promptly update the Website with any changes and the revised terms will be deemed to take effect on the date they are published which will be noted at the top of the page.
The amendments will not have any bearing on orders placed prior to the date they are published.
We may assign our rights and obligations to another company or organisation however this will not alter any of the agreed Terms between us. You may only transfer your rights and obligations under this contract with our prior agreement in writing.
A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
If you have any comments or questions concerning these Terms , please contact us by email at email@example.com.