Emma Mattress 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 https://www.emma-mattress.ie 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 unmistakable 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 We will deliver the product(s) to you within 30 days after the day on which we accept your order.

4.2 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.

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

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

4.5 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.

4.6 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.

4.7 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.

5. Delivery Area

Unfortunately we do not accept orders from or deliver to addresses outside the Republic of Ireland.

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.

7.2If 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.

8.2You 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

8.3To 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 [email protected] 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: [email protected] 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 Irish 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: [email protected] 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 for free. Please email us at [email protected] 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 Irish law and you can bring legal proceedings in respect of the product(s)s in the Irish 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).

13.2We 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 We offer the following methods of payment, credit card (MasterCard and VisaCard), PayPal and Amazon Pay. 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

14.3 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.

14.4 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

17.1We 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 for questions and complaints is available from 7 am to 5 pm on weekdays E-Mail: [email protected]

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

19.1 We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery. The Emma pillow have a guarantee period of 2 years from the delivery date.

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

19.9 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.

19.10 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.

19.11 The guarantee does not cover:

• 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; Same as above, PD can help with the expected change.
• Comfort preference after the 200 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.
• Faults or damages that have ocurred due to the mattress not being unboxed within a reasonable time (Up to 6 weeks after delivery).
• Mattresses that have been damaged or soiled due to improper use.

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, click on the “My referred friends“ tab and share your referral code via your chosen channel of communication.

20.2 This offer is only valid on purchases made on www.emma-mattress.ie.

20.3 The minimum spend is 290€ for the referred friend. Your friends will receive a discount code that can be used to save 25€ from the original price of their Emma order. It is valid on the entire Emma range and in conjunction with other offers and promotions. The referral code will be the first code to discount the initial price. Hence, any further discount applied will reduce the remaining price and not the initial price.

20.4 You are entitled to the 25€ cash reward if the referred friend keeps their Emma products beyond their trial period. Once the referred friend exceeds the trial period, you will get your 25€ straight to your bank account. The cash reward can only be paid if you update your bank details in your Emma account. 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 25€ cash reward.

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

20.7 The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the 25€ cash reward is lost. The claim to the cash reward is also lost if the order is returned.

20.8 The referrer and the referred cannot be the same person. Also, people living in the same household cannot be referred.

20.9 The referrer cannot refer a person located in a different country. Both orders need to be placed on www.emma-mattress.ie

20.10 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.

20.11 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.

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

20.13 For further questions about the Refer-A-Friend program please contact our customer service by sending an email to [email protected].

21. 200-Night Trial

21.1 This offer is valid on the Emma Original Mattress, the Emma Hybrid Mattress, the Emma Premium Mattress, the Emma Carbon Mattress, the Emma Deluxe Mattress and the Emma Beds.

21.2 The Emma Pillows and Emma 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.

21.3 This offer can be applied retrospectively on orders placed on or after December 26th, 2019.

21.4This offer cannot be applied retrospectively to orders placed before December 26th, 2019.

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

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

22. Christmas Flash Sale

22.1 This promotion will run from Saturday 17th December 2022 until Monday 19th December 2022.

22.2 All products will be discounted up to 58%.

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

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