Terms & Conditions

Statutory and Regulatory Disclosures

Membership and Regulation:

• We are a member of the Furniture Ombudsman: https://www.fhio.org/
• We are authorised and regulated by the Financial Conduct Authority (Firm reference: 932629)
• Our UK VAT number: GB 349800776

Terms & Conditions for www.winstonsbeds.com/en-us

1. Acceptance of Terms & Conditions:

• By using www.winstonsbeds.com/en-us, you fully accept these terms and conditions.
• Do not use our website if you disagree with any part of these terms and conditions.

2. Age Requirement:

• You must be at least 18 years old to use our website or agree to these terms and conditions.
• By using our website, you warrant that you are at least 18 years old.

3. Cookie Usage:

• Our website uses cookies.
• By using our website or agreeing to these terms, you consent to our use of cookies as per our privacy and cookies policy.

Copyright Notice

Copyright © 2020 Winstons Beds

• We own and control all copyright and intellectual property rights in our website and its material.
• All rights are reserved.

Licence to Use Website:

You are allowed to:

• View our website in a web browser.
• Download pages from our website for caching purposes.
• Print pages from our website.

Prohibitions:

• Do not download or save material from our website to your computer.
• Use our website only for personal or business purposes; no other purposes are permitted.
• Do not edit or modify material on our website.

Restrictions:

• Without owning or controlling relevant rights in the material, do not: republish material from our website (including on another website); sell, rent, or sub-license material from our website; publicly display material from our website; reproduce, duplicate, copy, or exploit material from our website for commercial purposes; redistribute material from our website.
• We reserve the right to restrict access to areas of our website, or the entire website, at our discretion; do not circumvent, bypass, or attempt to circumvent or bypass any access restriction measures on our website.

Acceptable Use:

1. Prohibited Actions:
2. a. Do not use our website (www.winstonsbeds.com/en-us) in ways that damage it or impair its performance, availability, or accessibility.
3. b. Do not use our website for unlawful, illegal, fraudulent, or harmful activities or purposes.
4. c. Do not store, copy, transmit, host, use, send, publish, or distribute material consisting of or linked to spyware, trojan horses, computer viruses, keystroke loggers, rootkits, worms, or other malicious software.
5. d. Do not conduct automated data or systematic collection activities, including data mining, scraping, data extraction, and data harvesting, on or in relation to our website without our express written consent.
6. e. Do not use data collected from our website to contact companies, individuals, or other entities or persons.
7. Information Accuracy. Ensure that all information you supply to us through our website is accurate, true, complete, current, and non-misleading.

Discount Codes and Cashback Affiliates:

1. Discount Code Exclusions:

• Mattresses purchased using discount codes are ineligible for cashback offers from our affiliate partners.

2. Sale Items Exclusions:

• Sale or discounted items are ineligible for cashback offers from our affiliate partners.

3. Affiliate Discount Code Restrictions:

• Sale or discounted items are ineligible for further discounts using codes provided by our affiliate partners.

Guarantee Conditions:

1. Applicability:

• The guarantee applies only to mattresses purchased from www.winstonsbeds.com/en-us and remaining in the United States.

2. Original Purchaser:

• Only the original purchaser may claim under the guarantee, which is non-transferable.

3. Claim Process:

• The original purchaser must email Winston’s Beds customer service within 72 hours of noticing the imperfection, including proof of purchase. We will assess the complaint and recommend an appropriate course of action.

4. Guarantee Exclusions:

• The guarantee does not cover damage from improper or unreasonable use, accidental damage (including alterations or unauthorized repairs), unsanitary or soiled conditions, or willful damage. When using divans not supplied by Winston’s Beds, they must be of appropriate quality. For slatted bases, the gap between slats should not exceed 2 inches, and a mattress pad is recommended. Do not smoke in bed or expose the product to open flames.

5. Normal Wear and Tear:

• The guarantee does not cover normal wear and tear.

6. Care Instructions:

• Failure to follow care instructions may invalidate the guarantee. Do not remove any labels attached to your mattress.

7. Discontinued Mattresses:

• If a discontinued mattress cannot be repaired, we reserve the right to supply an equivalent but not identical alternative. If the original fabric is unavailable, we reserve the right to supply an alternative fabric.

8. Guarantee Start Date:

• The guarantee starts on the delivery date of the mattress and applies only to mattresses purchased after 24th March 2020.

9. Guarantee Duration:

• 30-year guarantee for mattress: The Ancoats, The Rochester, The Cotswolds Coir Mattress, The Shropshire, The Sherwood, The Grand Luxe, The Aura, The Duke, The No1, The No2, The Dreamer, The Highland, The Heritage
• 30-year guarantee for: The High Divan, The Shallow Divan
• 2-year guarantee for mattress toppers: All mattress toppers, including those for The Duke, The No2, The Dreamer, The Highland, and The Heritage

Note: For The Duke, The No2, The Dreamer, The Highland, and The Heritage, only the core mattress is covered by the 30-year guarantee, while the accompanying topper is covered by a 2-year guarantee.

10. Guarantee Registration:

• Winston’s Beds will register your guarantee.

11. Compliance:

• Non-compliance with any requirements will invalidate the guarantee.

12. Repairs:

• The guarantee remains valid from the date of registration of the original product after any repair by Winstons Beds Ltd.

13. Remedies and Other Product Guarantees:

Your sole remedy under a Winston’s Beds guarantee is a replacement, repair, or a credit note up to the purchase price of the original item (as applicable).

Other Winston’s Beds products are covered by guarantees as follows:

• Headboards & surrounds: 2-year guarantee
• Toppers: 2-year guarantee
• Bed Linen: No guarantee offered

14. Guarantee Coverage:

• The guarantee covers faulty workmanship during manufacture, such as holes or fabric flaws, fibers escaping from the product, migration or clumping of filling.

15. Guarantee Exclusions:

• The guarantee does not cover damage from abuse, unexpected wear and tear, product misuse, animals on the product, unsanitary mattress toppers, accidental damage, failure to follow manufacturer instructions, or deliberate damage/neglect.

16. Legal:

• The guarantee terms shall be interpreted in accordance with English law and are subject to the jurisdiction of the English courts.

100-Night Trial

1. 100-Night Trial Conditions

The 100-night trial is applicable only to mattresses purchased from www.winstonsbeds.com/en-us and remaining within the United States. It is exclusive to the original purchaser and non-transferable. Claims must be submitted via email to the Winston’s Beds customer service team within 99 days, but no sooner than 80 days, along with proof of purchase and images of all mattress sides. The trial does not cover mattresses damaged due to improper use, accidental damage, unauthorized repairs, unsanitary conditions, or willful damage.

Clearance mattresses and beds are excluded from the 100-night trial, which also does not cover normal wear and tear. Failure to follow care instructions, removing mattress labels, or non-compliance with these conditions may void the trial. The trial period starts on the delivery date and lasts for 100 nights.

Returned mattresses must be clean, sanitary, and enclosed in 2 heavy-duty mattress bags with proof of purchase. A mattress protector must be used for the 100-night trial mattresses.

The 100-night trial is solely available to the original purchaser and is only applicable to mattresses which remain within the United States.

Eligible Mattress Models for the 100-Night Trial include The Ancoats, The Rochester, The Cotswolds Coir Mattress, The Dreamer, The Shropshire, The Highland, The Sherwood, The Heritage, The Grand Luxe, The Aura, The Duke, The No1, and The No2.

100-Night Trial Refunds on Mattresses and Mattress Toppers

Please note that the following items: The Ancoats Mattress, The Rochester Mattress, The Cotswolds Coir Mattress, The Shropshire Mattress, The Sherwood Mattress, The Dreamer Mattress, The Highland Mattress, The Heritage Mattress, The Grand Luxe Mattress, The Aura Mattress, The Duke Mattress, The No1 Mattress, The No2 Mattress, The Dreamer Mattress Topper, The Heritage Mattress Topper, The Duke Mattress Topper, and The No2 Mattress Topper, are not stocked items and are handmade to order after the order is placed by you the consumer.

Once the items are taken out of their packaging, their value diminishes. Under the Reimbursement by trader in the event of withdrawal or cancellation, the consumer will be liable for the following costs to return any of the products listed above: A 30% deduction will be made from the full contract sale price, as the item is return stock and cannot be sold at the recommended retail price.

You the customer becomes the owner of the products as soon as they are delivered, and failure to take reasonable care of the goods may result in a higher deduction than 30% of the recommended retail price to the full value of the recommended retail price if the product arrives back to us damaged.

It is yours the customer’s responsibility to ensure that the products are packed appropriately to prevent damage during transit.

Bed Linen Return Policy

Bed linen products are procured upon your request, and we cannot accept returns or cancellations once an order has been placed. Custom-made bed linen orders are non-returnable. Due to stringent hygiene regulations, we are unable to accept returns of duvets, pillows, throws, flat sheets, fitted sheets, duvet covers, pillowcases, and mattress protectors, except in the case of defects.

Refunds for faulty products will only be issued if the items are returned in their original packaging, unused, and in the same condition as they were sent to you. If returned items are found unpackaged or in a different condition than they were sent, we will not accept the return and will not process a refund or exchange. You will also be responsible for the shipping costs associated with returning these items to you. Your statutory rights remain unaffected.

Change or Cancellation Fee Clause

If you decide to cancel your order 24 hours after it has been placed, a 10% charge will be applied. You will receive 10% less than what you paid for the order, as we purchase materials after the initial 24-hour period. Additionally, any changes to size or spring tension from the original specification requested after 24 hours will incur a $300 fee.

Hold and Delivery Process Disclaimer: Limitation of Liability for Damages

We will not be held responsible for any damages sustained during transit for items held and delivered at a later date per the customer’s request. The storage of items in a warehouse is distinct from the transit process and is subject to different conditions and risks. Items stored in a warehouse may be exposed to various hazards, such as dust, moisture, temperature fluctuations, handling by third-party personnel, and other factors that could result in damage.

Since these potential damages are unrelated to the transit process, the seller is not accountable for them, as the customer has requested the item to be held and delivered at a later date.

Rights to Cancel Bed Bases and Headboards

Please note that the following items: The High Divan, The Shallow Divan, The Classic Headboard, The Aspen Headboard, The Jewel Headboard, The Viscount Headboard, and The Magnificence Headboard are not stocked items. These products are handmade to the consumer’s specifications, as they involve the selection of fabric, colour, and foot for the bed, none of which are stocked items and are purchased by Winstons Beds Ltd specifically for you the customer after the order is placed. Additionally, the wood required to manufacture these bed bases and headboards is not a stocked item and must be purchased by Winstons Beds Ltd  for you the customer after the order is placed.

As a result, these bed bases and headboards are completely made-to-order according to you the customer’s specifications.The products listed above are not eligible for return or cancellation from the moment the order is placed.

Terms and Conditions

Price Adjustment and Order Cancellation Clause

In the event that any product(s) are listed at an incorrect price on our website due to a typographical error, system error, or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. This right exists regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price. We strive to provide the most accurate pricing information to our customers; however, errors may occasionally occur. In situations where a product is listed at a price lower than its general or intended price, or beyond a reasonable sale price due to an error, we reserve the right to cancel the order. Our commitment is to maintain fair pricing practices and to correct any pricing errors on our part as promptly as possible.

Limited Warranties

Winstons Beds does not guarantee or assert that:

1. The information published on our www.winstonsbeds.com/en-us website is complete or accurate;
2. The material on the www.winstonsbeds.com/en-us website is current; or
3. The www.winstonsbeds.com/en-us website or any service on the website will remain available.

We reserve the right to modify or discontinue any or all of our www.winstonsbeds.com/en-us website services or to cease publishing our website at any time without notice or explanation. Unless these terms and conditions explicitly state otherwise, you will not be entitled to any compensation or other payment if we discontinue or alter any www.winstonsbeds.com/en-us website services or stop publishing the website.

Limitations and Exclusions of Liability

As our www.winstonsbeds.com/en-us website and the information and services provided are free of charge, we will not be liable for any loss or damage of any kind. Winstons Beds will not be liable for any losses arising from events beyond our reasonable control, any business losses, loss or corruption of any database, data, or software, or any indirect, special, or consequential loss or damage.

Winstons Beds aims to limit the personal liability of our officers and employees. Recognizing this interest, you agree not to bring any claim personally against our officers or employees in connection with any losses you experience related to the www.winstonsbeds.com/en-us website or these terms and conditions. This does not limit or exclude the liability of Winstons Beds as a limited liability entity for the actions and omissions of our officers and employees.

Breaches of these Terms and Conditions

If you breach these terms and conditions or if we reasonably suspect that you have done so, we may, without prejudice to our other rights:

1. Send you one or more formal warnings;
2. Temporarily suspend your access to our www.winstonsbeds.com/en-us website;
3. Permanently prohibit you from accessing our www.winstonsbeds.com/en-us website;
4. Block computers using your IP address from accessing our www.winstonsbeds.com/en-us website;
5. Contact your internet service providers and request that they block your access to our www.winstonsbeds.com/en-us website;
6. Commence legal action against you; and/or
7. Suspend or delete your account on our www.winstonsbeds.com/en-us website.

If we suspend, prohibit, or block your access to our www.winstonsbeds.com/en-us website or any part of it, you must not attempt to circumvent such suspension, prohibition, or blocking.

Assignment

You agree that we may assign, transfer, subcontract, or otherwise deal with our rights and/or obligations under these terms and conditions. You may not, without our prior written consent, assign, transfer, subcontract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Variation

Winstons Beds reserves the right to modify these terms and conditions periodically. The updated terms and conditions will apply to the use of our www.winstonsbeds.com/en-us website from their publication date, and you relinquish any rights to be notified or to consent to revisions. We will not provide written notice of any changes to these terms and conditions, and the updated terms will apply from the date of such notice. If you disagree with the revised terms, you must cease using our website.

If you have expressly agreed to these terms and conditions, we will request your express agreement to any revisions. If you do not provide your express agreement to the updated terms within the specified period, we will disable or delete your account on the www.winstonsbeds.com/en-us website, and you must discontinue using the website.

Third Party Rights

These terms and conditions serve both our interests and yours, and they are not designed to benefit or be enforceable by any third party. The parties’ rights under these terms and conditions are not subject to any third-party consent.

Information We Collect About You

We process personal data from customers, retailers, designers, prospects, architects, journalists, bloggers, and editors.

Winstons Beds may gather, store, and utilize the following personal information about you:

• Information provided when registering your warranty
• Information provided when requesting a brochure on our website www.winstonsbeds.com/en-us
• Information provided when subscribing to the Winstons Beds newsletter
• Information provided when contacting the Winstons Beds Customer Service team online
• If your personal data requires updating, please contact us

The personal data you provide may include:

• Name
• Address
• Postcode
• Country
• Mobile number
• Company name
• Email address
• Communication content and metadata sent to or through our winstonsbeds.com/en-us website
• Any other personal information you choose to share

Only share another individual’s personal data with us if you have their consent and they understand their data will be processed according to this privacy policy. We may also collect information about your computer or device, visits to and use of the winstonsbeds.com/en-us website, including unique online identifiers such as IP addresses.

How We Use Your Personal Information

We will use your personal information for the following purposes:

• Providing services
• Offering information about services and addressing inquiries or requests
• Administering and personalizing our website while maintaining security
• Sending email notifications and newsletters
• Referring you to suppliers of services or goods in which you have shown interest
• Sending marketing communications related to our business that may interest you
• Enabling suppliers of services or goods in which you have shown interest to contact you
• Preventing fraud
• Verifying compliance with terms and conditions governing the use of the Winstonsbeds.com website

Legal Basis for Processing Personal Information

Winstons Beds commits to using your personal data as you desire and respecting your privacy. We will process your data under the following legal grounds:

• Data processing is necessary for contract obligations and service delivery
• Lawful justification for sending marketing communications about our business, news, and services is due to a legitimate business interest

You can choose not to receive marketing messages when initially providing your data. Marketing communications may include email notifications, telephone, or postal marketing.

Disclosing Your Personal Data

Your information will be used by parties under our control:

• Service providers
• Third parties that provide services to us

We will keep your personal data within Winstons Beds and trusted third parties unless required by law to disclose it.

Retention of Personal Information

Winstons Beds will not retain your personal data longer than necessary. The following guidelines apply to data retention:

• Guarantee form information will be held for up to 30 years before being securely deleted
• Retailer personal details for marketing purposes will be retained for up to ten years since your last interaction with us
• Customer personal details for marketing purposes will be retained for up to ten years since your last interaction with us
• To ensure you do not receive marketing from Winstons Beds after requesting it to stop

When required by law or to establish, defend, or exercise our legal rights, we will retain your personal data as long as necessary.

Under the GDPR, you have the right to:

• Make a subject access request for your personal data
• Restrict, rectify, or erase your personal information when justified
• Object to the processing of your personal information when justified
• Data portability
• Lodge complaints with a supervisory authority

To exercise any of these rights, please contact the Winstons Beds customer service team.

Third-Party Websites

Our winstonsbeds.com/en-us website may include links to external websites beyond our control, which are not governed by this Privacy Policy. When accessing other sites using the provided links, the operators of these websites may gather information from you in accordance with their distinct privacy policies. We recommend reviewing their Privacy Policy before providing your personal information or data.

Privacy and Cookies

Upon your first visit to our winstonsbeds.com/en-us website, we will request your consent to use cookies in line with this privacy policy. To learn more about cookies, please visit www.aboutcookies.org.