TERMS & CONDITIONS

1. Terms

Mattflex LTD (UK Registration Number: 12913997) of Union House, 111 New Union Street, Coventry, United Kingdom, CV1 2NT, is trading as “Malau”.

Please read these terms ("Terms") carefully. They apply to your use of our website, malau.co.uk (“Website”); any purchases you make via our Website; and any products you may seek to return. These terms tell you who we are, how we will provide products to you, how you and Malau may change the contract, what to do if there is a problem and other important information. If you have any questions, please contact us by emailing info@malau.co.uk.

• 1. For the purpose of these terms, the following words shall have the following definitions:

1. ‘we’, ‘us’ or ‘our’, whether or not capitalised, refers to Mattflex LTD;
2. ‘you’ or ‘your’, whether or not capitalised, refers to the person using our Website to buy Products from us;
3. ‘Parties’ refers to both Mattflex LTD and you;
4. ‘Product’ or ‘Products’ refers to any Malau mattress; and
5. ‘Special Delivery’ or ‘Premium Delivery’ refers to any delivery option that is not the standard and least expensive method for delivery provided in the territory and area of sale.

• 2. By accessing our Website or purchasing Products on it, you agree to be legally bound by these Terms and any documents referred to therein. Our Privacy Policy, delivery information, returns policy (as detailed on our Website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.
• 3. You may only buy Products from our Website for non-business reasons. If you wish to buy our Products for your business, you should contact us on the details at the bottom of these terms to discuss our business to business (B2B) terms.
• 4. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us when ordering.
• 5. Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms.
• 6. Claims for returns or refunds in respect of Malau Products, or replacement Malau Products, must be made to the original point of sale of any Product, in the territory or area of purchase. If there is any doubt as to who to contact for a return, claim, or replacement, please contact us by emailing info@malau.co.uk prior to returning or attempting to return any Product.

         2.         Ordering Products from Mattflex LTD

• 1. When placing an order on our Website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract. Although a member of our staff may be able to amend your order details after your order has been made, we are under no obligation to do so.
• 2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that your order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.
• 3. We may contact you to say that we do not accept your offer. This may be for reasons which include, but are not limited to, the following.
  1. the Products are unavailable,
  2. we cannot authorise your payment, whether for fraud/security reasons or otherwise,
  3. you are not allowed to buy the Products from us,
  4. we are not allowed to sell the Products to you,
  5. you have ordered too many Products,
  6. there has been a mistake on the pricing or description of the Products (where permissible under applicable law)
• 4. Mattflex LTD reserves the right to refuse to sell any Product to any person. In the unlikely event that we elect to do so or are required to do so, we will notify you within a reasonable period and not charge you for the Product. 
• 5. We require certain information from you so that we can supply Products to you, including without limitation, your address, email address and phone number. If you supply incomplete or incorrect information, or do not supply the necessary information within a reasonable time of us asking for it, we may end the contract. We will not be responsible for supplying the Products late if this is caused by you giving us incomplete or incorrect information or where you fail to provide the necessary information within a reasonable time of us requesting it. 
• 6. A legally binding contract will only exist between the Parties where we have received payment in full. At this point, the contract is active, and we will make the necessary arrangements to dispatch the Products to your stipulated delivery address, provided that your order clears our fraud check process. We will also provide you with an order number. It will help us if you can tell us your order number whenever you contact us about your order.

         3.         Payment

• 1. We accept payment via methods set out on our Website, which may be varied from time to time.  We do not accept cash payments.
• 2. We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.
• 3. Where you have paid by with a credit card or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit card or debit card.
• 4. If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 14 days of receipt of payment.
• 5. If your payment is not received by us, and you have already received the Products, you must pay for the Products within 14 days, or return them to us as soon as possible. If this occurs, you must keep the Products in your possession, take reasonable care of them (following any instructions or manuals given with the Products), maintain it within its packaging and not use them before returning them to us. Products must be return within the package it was delivered.
• 6. Failure to return Products which have not been paid for within 14 days, entitles us to collect the Products from you at your expense, including any loss of value the Products may have incurred while in your possession.
• 7. The price of the Products is listed and payable in pounds sterling (£)(GBP).
• 8. The price includes VAT (and other applicable taxes) at the applicable rate, and the cost of standard delivery. The price excludes the cost of any Premium Delivery of the Products pursuant to clause 4.1, or delivery to certain postcodes with prefixes set out at clause 4.1.b.
• 9. For Details regarding our delivery options outside standard deliveries please contact us by emailing info@malau.co.uk
• 10. It is always possible that, despite our best efforts, a Product may be incorrectly priced. If any Product’s correct price at your order 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, unmistakeable, or could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums paid, and require the return of the Products.

         4.         Delivery 

• 1. Standard delivery of Mattflex LTD Products should be free of charge to addresses within the UK, unless a Premium Delivery option is selected, or where delivery is to a postcode prefix which follows below
  1. Please note that delivery charges remain under constant review, and where surcharges to Mattflex LTD for a relevant area are applied, we may pass these on to customers within these areas. For confirmation, please contact us by mailing info@malau.co.uk.
  2. Delivery, standard or otherwise, to addresses in postcodes with prefixes BT, GY, HS, IM, IV, JE, KA, KW, PA, PH, SI, TR, and ZE may be subject to additional charges.
• 2. The date for delivery should be within 3 months of the purchase date. Delivery shall be executed without undue delay.
• 3. 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. If you want us to deliver to a different address than to the address to which you ordered your Products, you should notify us by email. We cannot ensure that we will be able to change the delivery address in time for an order to be directed to a different address than to which you ordered in the first instance.
• 5. Requesting a change to your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks. 
• 6. Some payment providers may have specific terms or rules which prevent us from changing the delivery address after you have made your order. 
• 7. At our discretion, or upon the request or instruction of our payment providers, a request to change your delivery address may result in a full or partial cancellation of any order.
• 8. 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.
• 9. Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. You will be responsible for the products upon completion of effective delivery.
• 10. Delivery will be to the doorstep of the property at the given address.
• 11. If you require the Products to be delivered anywhere else on the property when received, you may be chargeable a fee by the Transport Provider. Then, we and our transport provider (employees, agents, or contractors) will not be liable for any damage to fixtures, fittings or the structure of the property (to the extent possible under applicable law). We accept no liability for the conduct of any delivery partner’s employees, agents, or contractors when delivering Malau Products.
• 12. The person or persons executing delivery may not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly.
• 13. 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. 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.
• 14. Unless otherwise mutually agreed, if we cannot deliver your Products within 90 days of the date you requested, we will notify you by email, cancel your order, and give you a full refund.
• 15. Mattflex LTD accept no liability for any consequential losses incurred during a delivery, or in relation to you or any other person waiting for a delivery (including, but not limited to, losses incurred owing to time taken off work, or time taken as annual leave, to wait for a delivery of any Products, whether or not the delivery occurs).

         5.         Changes and amendments to the Contract

• 1. If you wish to make changes to or substitute a Product you have ordered, please contact us via email at info@malau.co.uk. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply, or any other necessary information which results from your requested change, and we will ask you to confirm whether you wish to go ahead with the change.
• 2. We may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
• 3. If we must make significant changes to the Products or these Terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

         6.         Right to cancel and return

• 1. As a statutory minimum, you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products without giving any reason. However, this must be read and understood in conjunction with Clause 6.2 below.
• 2. We may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, deduct any value lost as a result of your unreasonable handling of any mattress or Mattflex product (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning). If we elect to refund you the price paid before we can inspect the Products, and we later discover that you have handled them in an unacceptable way, we will require you to pay an appropriate amount for the value lost.
• 3. To exercise a right to cancel as set out in Clause 6.1 or to commence a return as otherwise prescribed in these Terms, you must clearly notify us of your intention to cancel and your reason within 14 days of the date of delivery (or within any relevant period prescribed elsewhere to commence a return or cancel an order as in these Terms) by email at info@malau.co.uk. Such a notice must include: your name; address; order number; date of order; date that the relevant Product was received as presented in the Model Cancellation Form within Clause 8. You must also comply with Clause 6.4.
• 4. Following a notice of your intention to return any Product for any reason, we will confirm via email Mattflex LTD “Ship to” address where the product is to be returned. You must wait for this confirmation and approval of your return from us in order to progress with next step.
• 5. You must then arrange and pay for collection and delivery of such product from your address to Mattflex LTD “ship to address”, and execute this operation not later than 14 days from the date that you notified us of your intention to cancel. You must comply with this to complete return and cancel the contract. Failure to do so, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to return the product and cancel the contract. 
• 6. Mattflex Products must be returned, strictly speaking, in perfect conditions within its total original packaging (internal and external), including all accessories, manuals and other documents delivered with our products, otherwise we reserve the rights to reject/cancel your return as stated in clause 6.9 & 6.10. For example, a Malau Mattress must be returned within its original nylon bag and inside its own cardboard box. Returns with different packaging from the original delivery will not be accepted, therefore, we advise you to keep the product within its original packaging from point of receipt to point of return, ensuring careful care and no damage to the product or the packaging.
• 7. Any return of Mattflex Products; whether pursuant to your statutory rights (as set out or qualified in Clauses 6.1 to 6.9) may only be made in the territory in which the Products were delivered, and to/via the original point of sale from which they were bought, as set out in Clause 1.6. Products purchased from an authorised retailer must be returned to that retailer, in accordance with the authorised retailer’s return process.
• 8. Where you return a Product which is not in a returnable condition as set out in clause 6.2, we will, upon your request, send that Product back to you; however, the expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 14 days, we may dispose of any such Product which is not in a returnable condition as set out in clause 6.2 responsibly, and refund will not be progressed.
• 9. You must ensure that any product is in a returnable condition in line with clause 6.2, irrespective of the way in which the return is carried out, is your responsibility. We may decline to accept any product which has been damaged in any circumstances prior to Mattflex’s representatives taking possession of a Product (including, but not limited to, allowing a Product to become damaged, or where your actions contribute to or cause the loss or theft of any Product, such as where you leave any Product outside your premises for collection).
• 10. Mattflex LTD shall not be obliged to accept a return where we perceive or suspects any dishonesty, misrepresentation, or misconduct on your part in your dealings or communications with us, including, but not limited to, obstructing or failing to engage in the process of completing a return as set out in Clause 6.
  
  

         7.         Effects of Cancellation

• 1. If you cancel your contract for sale of a Product and return a product for a refund in accordance with as permitted by these terms or your statutory rights we will refund to you all payments received from you in relation to the contract, including the costs of delivery, except for any supplementary costs arising because you chose a Premium Delivery option pursuant to clause 4.1, or your order is in respect of delivery to certain postcodes with prefixes set out at clause 4.1.b.
• 2. We will refund you without undue delay, and on the proviso that you provide all information needed (including, but not limited to, providing correct bank details) and do not otherwise frustrate the process (via means including, but not limited to, initiating a chargeback while your refund is in progress), not later than:
  1. 30 days after the day we received back from you any Products supplied, or
  2. if there were no Products supplied, 15 days after the day on which you notified us of your intention to cancel the contract.
• 3. We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement, save those specified in clause 8.1.
• 4. For the purposes of the collection of any mattress, where that collections is occurring for any reason, you are responsible for ensuring that the conditions and arrangement of your property are such that your mattress, can be collected safely and without damage to your property, or to any fixtures, or any other items at your property. If a collection is reasonably deemed to carry more than a trivial risk of damage to your property, or to any fixtures or items at your property, by the collection agent, then you may be required to sign a disclaimer absolving the collection agent of liability in respect of the collection and any damage which results therefrom. Refusal to sign such disclaimer will result in the collection not being executed. Neither Mattflex nor the collection agent will have any liability in respect of the foregoing circumstance, and this may be treated as a failure to engage with us or our third-party providers or agents in respect of the collection under this clause.
• 5. We accept no liability for the conduct of any agent or contractor involved in collecting Mattflex Products.

         8.         End of the contract

• 1. Termination of this contract will not affect our right to receive any money which you owe to us under this contract.
• 2. Save specific exceptions, we are not legally responsible for any losses that:
  1. were not foreseeable to the Parties when the contract was formed,
  2. were not caused by any breach on our part,
  3. are business losses, or
  4. are losses to non-consumers.
• 3. Nothing in clause 11.2 limits our liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights or in any other circumstances where it would be unlawful to do so.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Mattflex LTD (UK Registration Number: 12913997) of Union House, 111 New Union Street, Coventry, United Kingdom, CV1 2NT.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

• Ordered on [*]/received on [*],
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date
• [*] Delete as appropriate

© Crown copyright 2022. These Terms have effect from 20 June 2022.

         9.         Disputes and Rights

• 1. We will aim to resolve any disputes with you quickly and efficiently.
• 2. If you are unhappy with any Products supplied; your customer experience or any other matter please contact us as soon as possible by email at info@malau.co.uk
• 3. These Terms are governed by the laws of England and Wales. For residents in this jurisdiction, any dispute in relation to this contract will be heard by the courts of England and Wales.
• 4. Where you are resident in a non-UK jurisdiction, you will also benefit from the mandatory consumer protection laws afforded to you in that jurisdiction.
• 5. If a court finds part of this contract illegal the rest will continue in force. Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining Clauses will remain in full force and effect.
• 6. No one other than a party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

      10.      Guarantees & Faulty Products 

• 1. Mattflex LTD guarantees to replace any mattress which exhibits a material defect, as may be determined by Mattflex’s independent inspection agent, within 10 years of the delivery date, subject to the full terms set outprovided that such a mattress was supplied by Mattflex in new condition.
• 2. Should your product exhibit defects during its expected lifespan, you are entitled to:
  1. full refund within 30 days of purchasing the Product; 
  2. a replacement or repair within 6 months of delivery of the Product. If this is not possible, then you will be entitled to a full refund; or
  3. after 6 months have passed from the date of delivery of the Product, you may still be entitled to replacement or repair. Alternatively, if this is not possible, you may be entitled to receive a proportion of the value back.
• 3. You rights under Clause 10.1 will cease entirely after 6 yfrom the date of delivery of the Product.
• 4. Nothing in this contract affects your statutory rights. You may also have other rights in law.
• 5. For more detailed information on these rights and what you should expect from us, please contact us by emailing info@malau.co.uk
• 6. Beyond your statutory rights, Mattflex LTD provides guarantees in respect of certain Products as set out in Clause 11.

      11.      Products Characteristics

• 1. Consumer Rights law requires that, as a statutory minimum, Products supplied to you must:
  1. be of satisfactory quality,
  2. be fit for purpose,
  3. match the description, sample or model.
• 2. We undertake to ensure that all Products we provide meet, if not exceed, your basic consumer rights.
• 3. Mattress sizes may vary slightly from their stated dimensions by up to 2cm, in line with standard manufacturing tolerances.
• 4. Our Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Products are subject to continuous improvement, and you may receive a newer version of the Product displayed on our website. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
• 5. The packaging of our Products may vary slightly from that shown in images on our website.

      12.      Discount Codes and Promotions

• 1. Any discount code offered by Mattflex LTD in relation to our Products is offered on the basis of our goodwill, and we reserve the right to refuse or decline to apply or honour any discount code at our discretion.
• 2. Without prejudice to clause 4.1, a discount code will not be applied in circumstances which include, but are not limited to, the following:
  1. Where the discount is a set monetary value contingent on a mattress being ordered and there is not a mattress in the purchase order,
  2. where a discount has already been applied to the purchase order (including in the case of a Product bundle). For clarity, Mattflex LTD will not apply more than one discount per order (a Product bundle constituting one discount),
  3. where the expiry date, as specified in the material accompanying the discount code, has passed,
  4. where the order has already been placed and payment has been received without a discount being properly applied at the time of the order being placed or payment being received.
• 3. Discount codes are not transferable to any other person and are not redeemable for cash or credit.

      13.      Data Protection

• 1. If you would like to order in our website, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order and fulfil 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 progressed. 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.
• 2. Your personal information and data we will only be used as set out in our Privacy Policy: 
• 3. If you don't understand any of this contract and/or want to talk to us about it, or want to discuss business to business terms, please contact us by emailing info@malau.co.uk

      14.      Intellectual Property

• 1. Mattflex LTD and MALAU Original, among others, are registered trademarks of Mattflex LTD or used under licence in certain jurisdictions. Our website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.
• 2. Copyright subsists in all Mattflex’s and MALAU’s webpages including the images and texts featured therein.