Terms of service

OVERVIEW

This website is operated by Squom. Throughout the site, the terms “we”, “us” and “our” refer to Squom. Squom offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Nothing in these Terms of Service excludes, restricts or affects any statutory rights that you may have as a consumer under applicable law, including applicable UK consumer protection law.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Changes will not retrospectively remove or reduce rights relating to an order that we have already accepted.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or jurisdiction of residence, or that you are the age of majority in your country or jurisdiction of residence and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright, intellectual property, privacy and consumer protection laws.

You must not transmit any worms or viruses or any code of a destructive or malicious nature.

You must not attempt to gain unauthorised access to any part of the website, Service, servers, systems or networks connected to the Service.

A breach or violation of these Terms may result in suspension or termination of your access to the Services where appropriate.

Nothing in this heading affects any statutory consumer rights that cannot legally be excluded.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone where we have a lawful and legitimate reason to do so.

This may include suspected fraud, payment failure, misuse of the Service, unlawful conduct, security concerns, product unavailability or suspected unauthorised commercial resale.

We will not refuse service on grounds prohibited by applicable law.

You understand that your content, not including payment card information, may be transferred across various networks and may involve changes to conform and adapt to technical requirements of connecting networks or devices.

Payment card information is encrypted during transfer over networks and is handled through our authorised payment providers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without express written permission from us, except where permitted by law.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We take reasonable care to ensure that information made available on this site is accurate, complete and current.

However, general material on this site is provided for informational purposes only and may occasionally contain errors, omissions or outdated information.

General information on the website should not be relied upon as a substitute for professional medical, legal or other specialist advice.

Product descriptions, specifications, dimensions, materials and other information are provided to help customers make informed purchasing decisions.

Nothing in this heading allows us to avoid our legal obligations where information concerning a product forms part of the contract between you and us.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time where reasonably necessary.

We have no obligation to update purely general or historical information unless required by law.

Changes to website information will not retrospectively alter an order that we have already accepted unless agreed with you or permitted by applicable law.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice before an order is accepted.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, where reasonably necessary.

We may also modify, replace or discontinue individual products before an order for those products has been accepted.

Price changes will not affect an order that we have already accepted, except where an obvious pricing error has occurred and applicable law permits us to correct it.

We shall not be liable solely because a website feature, product or service is modified, suspended or discontinued, provided that nothing in this heading limits rights arising from an existing contract or rights which cannot legally be excluded.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.

These products or services may have limited quantities and are subject to return or exchange in accordance with our Return & Refund Policy and applicable consumer law.

We have made every reasonable effort to display as accurately as possible the colours, appearance and images of our products that appear on the store.

We cannot guarantee that your computer monitor, phone, tablet or other device will display every colour exactly as it appears in person.

Minor differences may also occur as a result of lighting, materials, production processes and normal manufacturing tolerances.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction where it is lawful and reasonable to do so.

We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities purchased per customer, household or order, particularly where we reasonably suspect fraudulent activity or unauthorised resale.

All descriptions of products and product pricing are subject to change at any time before an order has been accepted.

We reserve the right to discontinue any product at any time.

Any offer for a product or service made on this site is void where prohibited.

Products supplied to consumers are subject to applicable consumer law.

Where UK consumer law applies, goods must, where required by law, be as described, of satisfactory quality and fit for their intended purpose.

Nothing contained in these Terms excludes or restricts these statutory rights.

Online cancellation rights

If you are a UK consumer purchasing eligible goods through our website, you generally have the legal right to cancel your order without giving a reason.

In most cases, you have 14 days from the day you receive the goods to tell us that you wish to cancel.

After notifying us that you wish to cancel, you generally have a further 14 days to return the goods.

Returns and refunds made under your statutory cancellation rights will be handled in accordance with applicable law and our Return & Refund Policy.

Certain legal exceptions may apply.

For example, in some circumstances the statutory right to cancel may not apply to sealed goods which are not suitable for return for health protection or hygiene reasons once the seal has been broken.

Any such exception will only be relied upon where the legal conditions for that exception are satisfied.

This does not affect your rights where a product is faulty, damaged, incorrectly supplied or otherwise does not conform to the contract.

90-night trial

Certain Squom products may include a voluntary 90-night trial.

Where a 90-night trial is offered, the applicable conditions will be explained on the relevant product page and/or in our Return & Refund Policy.

Our 90-night trial is an additional commercial benefit and does not replace, restrict or reduce any statutory rights you may have under applicable consumer law.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us where we have a lawful and legitimate reason to do so.

We may, in our discretion, limit or cancel quantities purchased per person, per household or per order where reasonably necessary.

These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address.

We may limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors without our authorisation.

We may also refuse or cancel orders where there is suspected fraud, payment failure, unavailable stock, an obvious pricing error or materially incorrect customer information.

If we make a material change to or cancel an order after payment has been taken, we will make reasonable efforts to notify you by contacting the email address, telephone number and/or billing information provided when the order was placed.

Where an order is cancelled by us after payment has been received, we will refund the relevant amount.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information where necessary, including your email address and payment information, so that we can complete transactions and contact you where needed.

You are responsible for checking the shipping address, billing information, product selection and other order details before completing your purchase.

After an order is placed, we will provide confirmation electronically.

Where required by applicable distance-selling law, you will receive contractual information in a format that can be saved for future reference.

Unless another delivery period has been agreed with you, we will arrange delivery in accordance with applicable law.

For more detail, please review our Return & Refund Policy and Shipping Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have complete control or input.

Such tools may include payment services, finance providers, shipment tracking services, customer review platforms, analytics services and other third-party functionality.

You acknowledge that third-party tools and services may be subject to the relevant provider's own terms and privacy policies.

Any use by you of optional third-party tools offered through the site is at your discretion.

You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

Nothing in this heading excludes or limits responsibility which applicable law requires us to retain.

We may also, in the future, offer new services and/or features through the website, including new tools and resources.

Such new features and/or services shall also be subject to these Terms of Service where appropriate.

THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials or services provided by third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with or controlled by us.

We are not responsible for examining or evaluating all independent third-party content, and we do not control the content, security or privacy practices of independent third-party websites.

We will not be responsible for loss or damage caused solely by your use of independent third-party websites or services, except where applicable law provides otherwise.

Please review carefully the third party's policies and practices and make sure you understand them before engaging in a transaction.

Complaints, claims, concerns or questions regarding independent third-party products or services should ordinarily be directed to the relevant third party.

Nothing in this heading affects responsibility that we may have for third parties acting on our behalf in performing our own contractual obligations.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions or, without a request from us, you send reviews, creative ideas, suggestions, proposals, plans, photographs or other materials, whether online, by email, by post or otherwise, you agree that we may use those materials in accordance with these Terms and applicable law.

You grant us a non-exclusive, worldwide, royalty-free licence to edit, reproduce, publish, distribute, translate and otherwise use materials that you voluntarily provide to us for legitimate business, customer-service and marketing purposes.

We are under no obligation to pay compensation for unsolicited submissions unless otherwise agreed.

We may, but have no obligation to, monitor, edit or remove content that we reasonably determine is unlawful, fraudulent, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise objectionable.

You agree that your comments or submissions will not violate any right of a third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or related websites.

You may not use a false email address, pretend to be someone other than yourself or otherwise intentionally mislead us or third parties regarding the origin of your submissions.

You are responsible for comments and content you submit and for their accuracy.

We will not knowingly edit a genuine customer review in a manner that materially misrepresents the customer's original opinion.

Where content you submit includes personal information, our use of that information is also governed by our Privacy Policy.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for information concerning how we collect, use, store, disclose and protect personal information.

Where applicable, personal information will be handled in accordance with relevant UK data protection legislation, including the UK GDPR and Data Protection Act 2018.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct genuine errors, inaccuracies or omissions and to change or update information at any time where reasonably necessary.

If inaccurate information materially affects an order that you have already submitted, we will take reasonable steps to notify you.

Where appropriate, you may be given the option to proceed on corrected terms or cancel the affected order and receive a refund.

Nothing in this heading gives us the right to retrospectively change an accepted contract in a way that unlawfully disadvantages a consumer.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate applicable laws, rules or regulations;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to unlawfully harass, abuse, threaten, defame or discriminate against another person;

(f) to submit false, fraudulent or misleading information;

(g) to upload or transmit viruses or any other form of malicious code that could affect the functionality or operation of the Service or another website or system;

(h) to unlawfully collect or track personal information belonging to others;

(i) to spam, phish, pharm, pretext or engage in similar fraudulent conduct;

(j) to scrape, spider or crawl the website in a manner that materially disrupts or burdens our Services;

(k) for any unlawful obscene or immoral purpose;

(l) to interfere with or circumvent security features of the Service; or

(m) to impersonate another person or misrepresent your identity.

We reserve the right to terminate or restrict your use of the Service for material violations of these prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will always be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove or restrict access to the Service for maintenance, security, updates or other reasonable operational purposes.

General information made available through the Service is provided for informational purposes.

Any content concerning sleep, comfort, posture, wellbeing or similar subjects is not intended to constitute or replace professional medical advice, diagnosis or treatment.

Nothing in these Terms excludes or limits any liability where doing so would be unlawful.

In particular, nothing in these Terms excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory consumer rights that cannot legally be excluded, products that are faulty or not as described where liability cannot legally be excluded, or any other matter for which applicable law does not permit liability to be excluded or limited.

Where permitted by law, we will not be responsible for losses that were not reasonably foreseeable when the contract between you and us was entered into.

Where products are purchased by you as a consumer for personal use, we will not be responsible for commercial or business losses, including loss of profit, revenue, business or commercial opportunity resulting from your use of those products for business purposes.

Nothing in this heading affects your statutory rights as a consumer.

INDEMNIFICATION

If you use the Service for business or commercial purposes, you agree, to the extent permitted by law, to indemnify and hold harmless Squom, its parent company, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from reasonable claims, losses and liabilities arising directly from your unlawful use of the Service, your material breach of these Terms or your infringement of a third party's rights.

Where you use the Service as a consumer, nothing in this heading requires you to indemnify us in circumstances where doing so would be unlawful, disproportionate or unfair under applicable consumer law.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law.

Any unenforceable portion shall be limited or severed to the minimum extent required.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination to the extent necessary.

These Terms of Service remain effective unless and until terminated in accordance with these Terms.

You may stop using our Services at any time.

If, in our reasonable judgment, you materially fail to comply with a term or provision of these Terms, engage in fraud, unlawfully misuse the Service or create a material security risk, we may suspend or terminate your access to all or part of the Service.

Termination of access to the website does not remove rights or obligations relating to orders previously accepted, including statutory consumer rights.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service, including our Privacy Policy, Return & Refund Policy and Shipping Policy, constitute the agreement governing your use of the Service and purchases from us.

Nothing in these Terms excludes liability for fraud or fraudulent misrepresentation.

Nothing in these Terms overrides statements, information or rights which applicable consumer legislation treats as binding.

Any ambiguities in the interpretation of these Terms will be interpreted in accordance with applicable law.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales, subject to any mandatory consumer protections that apply to you.

If you are a consumer resident in England or Wales, you may bring legal proceedings in the courts of England and Wales.

If you live in Scotland or Northern Ireland, you may also have the right to bring proceedings in the courts where you live.

Nothing in this heading is intended to deprive you of mandatory consumer rights or jurisdictional protections available under applicable law.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion and where reasonably necessary, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

The date displayed on this page will indicate when the Terms were most recently updated.

Changes will ordinarily apply to future use of our website and future orders.

Changes will not retrospectively remove or reduce statutory or contractual rights relating to an order that we have already accepted.

Your continued use of or access to our website or the Service after changes take effect constitutes acceptance of the revised Terms in relation to future use, to the extent permitted by law.