Terms & Conditions

Statutory and Regulatory Disclosures

We are a member of the www.thefurnitureombudsman.org

We are authorised and regulated by the Financial Conduct Authority, our firm reference is 932629

Our UK VAT number is GB 349800776

Terms & Conditions: Use of www.winstonsbeds.com/.uk

1. These terms and conditions govern your use of our www.winstonsbeds.com/.uk website.
2. By using our www.winstonsbeds.com/.uk website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our www.winstonsbeds.com/.uk website.
3. You must be at least 18 years of age to use our website or to agree to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
4. Our website uses cookies; by using our www.winstonsbeds.com/.uk website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Copyright Notice

1. Copyright (c) 2020 Winstons Beds
2. Subject to the express provisions of these terms and conditions:a. we, own and control all the copyright and other intellectual property rights in our www.winstonsbeds.com/.uk website and the material on our www.winstonsbeds.com/.uk website; andb. all the copyright and other intellectual property rights in our website and the material on our www.winstonsbeds.com/.uk website are reserved.

Licence to use website:

1. View pages from our www.winstonsbeds.com/.uk website in a web browser;
2. Download pages from our www.winstonsbeds.com/.uk website for caching in a web browser;
   Print pages from our www.winstonsbeds.com/.uk website.
3. You must not download any material from our www.winstonsbeds.com/.uk website or save any such material to your computer.
4. You may only use our www.winstonsbeds.com/.uk website for your own personal or business purposes, and you must not use our www.winstonsbeds.com/.uk website for any other purposes.
5. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our www.winstonsbeds.com/.uk website.
6. Unless you own or control the relevant rights in the material, you must not: Republish material from our www.winstonsbeds.com/.uk website (including republication on another website); Sell, rent or sub-license material from our www.winstonsbeds.com/.uk website. Show any material from our www.winstonsbeds.com/.uk website in public, Reproduce, duplicate, copy or otherwise exploit material from our www.winstonsbeds.com/.uk website for a commercial purpose; or Redistribute material from our www.winstonsbeds.com/.uk website.
7. We reserve the right to restrict access to areas of our www.winstonsbeds.com/.uk website, or indeed our whole www.winstonsbeds.com/.uk website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our www.winstonsbeds.com/.uk website.

Acceptable Use:

1. You must not:a. Use our www.winstonsbeds.com/.uk website in any way or take any action that causes, or may cause, damage to the www.winstonsbeds.com/.uk website or impairment of the performance, availability or accessibility of the www.winstonsbeds.com website;
2. Use our www.winstonsbeds.com/.uk website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. Use our www.winstonsbeds.com/.uk website to store, copy, transmit, host, use, send, publish or distribute any material which consists of or linked to any spyware, trojan horse, computer virus, keystroke logger, rootkit, worm or other malicious computer software;
4. Conduct any automated data or systematic collection activities, including without limitation data mining, scraping, data extraction and data harvesting on or in relation to our www.winstonsbeds.com/.uk website without our express written consent;
5. You must not use data collected from our www.winstonsbeds.com/.uk website to contact companies, individuals or other entities or persons.
6. You must ensure that all the information you supply to us through our www.winstonsbeds.com/.uk website, or in relation to our www.winstonsbeds.com/.uk website, is accurate, true, complete, current and non-misleading.

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Financing

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

The Following Conditions Apply to the Guarantee:

1. The Winston’s Beds guarantee only applies to mattresses purchased from www.winstonsbeds.com/.uk and which remain in the UK or Ireland.
2. Only the original purchaser may claim under the Winston’s Beds guarantee. This guarantee is not transferable.
3. Any claim should be made by the original purchaser in email to Winston’s Beds customer service team within 72 hours of the imperfection becoming apparent, along with proof of purchase. Winston’s Beds will establish the nature of the alleged complaint and recommend an appropriate course of action.
4. Winston’s Beds guarantee is not extended to mattresses which have been damaged through improper or unreasonable use; are accidentally damaged (including alterations or unauthorised repairs); are in an unsanitary condition, soiled or are wilfully damaged. Where mattresses are used on divans other than those supplied by Winston’s Beds, they must be of an appropriate quality of construction. In the case of slatted bases, the gap between the slats should be no more than 2 inches, and we highly recommend that a mattress pad is placed between the mattress and the slats to extend the lifespan of the mattress. Please do not smoke in bed or put the product near an open flame.
5. Winston’s Beds guarantee is not extended to cover normal wear and tear.
6. Failure to follow the care instructions may invalidate the Winston’s Beds guarantee.
7. Please do not remove any of the labels attached to your mattress, as they identify your mattress as a Winston’s Beds mattress and help to establish your rights under this guarantee.
8. If the mattress in question has been discontinued and cannot be repaired, Winston’s Beds reserves the right to supply an equivalent but not an identical alternative. If the product’s original fabric is no longer available, Winston’s Beds reserves the right to supply an alternative fabric.
9. Winston’s Beds guarantee only applies to mattresses purchased after 24th March 2020.
10. Winston’s Beds guarantee commences on the date your mattress is delivered and is valid for 30 years for the following mattress models, The Ancoats, The Rochester, The Dreamer, The Shropshire, The Highland, The Sherwood, The Heritage, The Grand Luxe, The Duke, The No1, The No2
11. In the case of The Dreamer, The Highland, The Heritage, The Duke & The No2 only the mattress is covered by the 30 year guarantee and the topper comes with a 2 year guarantee only for those models.
12. The following mattress models are covered by a 5 year guarantee: The Elite & The Essentials Orthopaedic
13. The following mattress models are covered by a 7 year guarantee: The Alderley
14. The following mattress models are covered by a 10 year guarantee: The Winstons Pro
15. Winston’s Beds will register your guarantee for you.
16. Failure to comply with any of these requirements will invalidate the Winston’s Beds guarantee.
17. Following a repair by Homeserve, the Winston’s Beds guarantee will remain valid from the date of registration of the original product.
18. The divan and shallow divan bases are guaranteed for 30 years.
19. The guaranteed product must be returned to Winston’s Beds in a clean, sanitary condition, in 2 heavy-duty mattress bags along with proof of purchase.
20. Winston’s Beds reserves the right to use an alternative or similar material, where the original is no longer available, but mattress ticking or fabric cannot always be matched to the original.
21. Please adhere to washing and care instructions of Winston’s Beds, otherwise you will not be protected under the terms of the guarantee. All of our mattresses must be turned and rotated if double sided and rotated if single sided.
22. In the event of a dispute, Winston’s Beds may request a third-party inspection of the products by a recognised and qualified organisation such as Homeserve before agreeing to carry out replacements or repairs.
23. 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).
24. The other Winstons Beds products are covered by a guarantee as set out below:
25. Headboards & surrounds: 2-year guarantee
26. Toppers: 2-year guarantee
27. The Ottoman divan: 1-year guarantee on gas struts
28. Bed Linen: No guarantee offered
29. Any guarantee offered by Winston’s Beds is provided in addition to, and not instead of, any rights you may have as a consumer under applicable law. Your statutory rights are not affected by the Winston’s Beds guarantee.
30. In each case the guarantee covers: Faulty workmanship during manufacture, such as holes or fabric flaws, feather/down escaping from the product, migration or clumping of filling.
31. The guarantee does not cover: Damage caused by abuse or unexpected wear and tear, If there’s evidence of product abuse, misuse or use other than domestic by you or family, If animals have been allowed to sleep or walk on the product, Unsanitary mattress toppers, Accidental damage – you may find that this type of damage is covered by your household contents insurance policy, Servicing, inspecting or cleaning of the product, Any failure to follow the manufacturer’s instructions, Deliberate damage or neglect of the product
32. The terms of the Winston’s Beds guarantee shall be interpreted in accordance with English law and are subject to the jurisdiction of the English courts.

The Following Conditions Apply to the 100-Night Trial

1. The Winston’s Beds 100-night trial only applies to mattresses purchased from www.winstonsbeds.com/.uk and which remain in the UK or Ireland.
2. Only the original purchaser may claim under the Winston’s Beds 100-night trial. This 100-night trial is not transferable.
3. Any claim should be made by the original purchaser in email to Winston’s Beds customer service team within 99 days and no sooner than 30 days along with proof of purchase and images of all sides of the mattress.
4. Winston’s Beds 100-night trial is not extended to mattresses which have been damaged through improper or unreasonable use; are accidentally damaged (including alterations or unauthorised repairs); are in an unsanitary condition, soiled or are wilfully damaged. Where mattresses are used on divans other than those supplied by Winston’s Beds or a bed base that must be of an appropriate quality of construction. In the case of slatted bases, the gap between the slats should be no more than 2 inches, and we highly recommend that a mattress pad is placed between the mattress and the slats to extend the lifespan of the mattress. Please do not smoke in bed or put the product near an open flame.
5. Winston’s Beds 100-night trial is not extended to clearance mattresses, beds.
6. Winston’s Beds 100-night trial is not extended to cover normal wear and tear.
7. Failure to follow the care instructions may invalidate the Winston’s Beds 100-night trial.
8. Please do not remove any of the labels attached to your mattress, as they identify your mattress as a Winston’s Beds mattress and help to establish your rights under this 100-night trial.
9. If the mattress in question has been discontinued, Winston’s Beds reserves the right to supply an equivalent but not an identical alternative. If the product’s original fabric is no longer available, Winston’s Beds reserves the right to supply an alternative fabric.
10. Winston’s Beds 100-night trial only applies to mattresses purchased after 4/11/2022.
11. Winston’s Beds 100-night trial commences on the date your mattress is delivered and is valid for 100-nights.
12. Failure to comply with any of these requirements will invalidate the Winston’s Beds 100-night trial.
13. The 100-night trial product must be returned to Winston’s Beds in a clean, sanitary condition, in 2 heavy-duty mattress bags along with proof of purchase.
14. The 100-night trial is limited to one replacement only, which will be the same model, size with the same mattress ticking (fabric). If this model, size or fabric is no longer available. Winstons Beds reserves the right to substitute a suitable alternative. In the case of zip and link mattresses, only one of the two mattresses will be exchanged, and the mattress cannot be changed to a one-piece. Only the original purchaser may invoke the 100-night trial, and it only applies to mattresses which remain in the country of purchase.
15. Please adhere to washing and care instructions of Winston’s Beds, otherwise you will not be protected under the terms of the 100-night trial
16. Your sole remedy under a Winston’s Beds 100-night trial is a replacement.
17. Any 100-night trial offered by Winston’s Beds is provided in addition to, and not instead of, any rights you may have as a consumer under applicable law. Your statutory rights are not affected by the Winston’s Beds 100-night trial.
18. The mattresses eligible for the 100-night trial are only the models listed below:
19. The Ancoats, The Rochester, The Dreamer, The Shropshire, The Highland, The Sherwood, The Heritage, The Grand Luxe, The Duke, The No1, The No2
20. The 100-night trial only applies to the mattress for the following models and does not apply to the mattress topper: The Dreamer, The Highland, The Heritage, The Duke & The No2
21. In the event the mattress model you are exchanging arrives back to Winstons Beds in an unsanitary condition, soiled or are wilfully damaged, Winstons Beds will reclaim the monies to value of the order from our insurance company who will then attempt to reclaim the monies to the value of the order from the original purchaser.
22. The terms of the Winston’s Beds 100-night trial shall be interpreted in accordance with English law and are subject to the jurisdiction of the English courts.

Limited Warranties

We Winstons Beds do not warrant or represent:

1. The completeness or accuracy of the information published on our www.winstonsbeds.com/.uk website;
2. That the material on the www.winstonsbeds.com/.uk website is up to date; or
3. That the www.winstonsbeds.com/.uk website or any service on the www.winstonsbeds.com/.uk website will remain available.
4. We reserve the right to alter or discontinue any or all of our www.winstonsbeds.com/.uk website services, and to stop publishing our www.winstonsbeds.com/.uk website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any www.winstonsbeds.com/.uk website services, or if we stop publishing the www.winstonsbeds.com/.uk website.
5. All Winstons Beds items are made to order and therefore cannot be returned unless, item is damaged on delivery by the courier and the delivery slip is signed by you (the customer) and states the item was damaged in transit, and, you must refuse delivery, you are returning the item for an exchange which is covered via your 100-night trial, you are returning the item for an exchange due to a manufacturer defect covered under your guarantee.

Limitations and Exclusions of Liability

1. To the extent that our www.winstonsbeds.com/.uk website and the information and services on our www.winstonsbeds.com/.uk website are provided free of charge, we will not be liable for any loss or damage of any nature.
2. Winstons Beds will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
3. Winstons Beds will not be liable to you in respect of any business losses, including and without limitation loss of or damage to profits, revenue, income, production, use, anticipated savings, contracts, business, commercial opportunities or goodwill.
4. Winstons Beds will not be liable to you in respect of any loss or corruption of any database, data or software.
5. Winstons Beds will not be liable to you in respect of any indirect, special or consequential loss or damage.
6. Winstons Beds have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the www.winstonsbeds.com/.uk website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these Terms and Conditions

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:a. send you one or more formal warnings;
2. temporarily suspend your access to our www.winstonsbeds.com/.uk website;
3. permanently prohibit you from accessing our www.winstonsbeds.com/.uk website;
4. block computers using your IP address from accessing our www.winstonsbeds.com/.uk website;
5. contact any or all your internet service providers and request that they block your access to our www.winstonsbeds.com/.uk website;
6. commence legal action against you, whether for breach of contract or otherwise; and/or
7. suspend or delete your account on our www.winstonsbeds.com/.uk website.
8. Where we suspend or prohibit or block your access to our www.winstonsbeds.com/.uk website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our (Winstons Beds) rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Variation

1. Winstons Beds may revise these terms and conditions from time to time.
2. The revised terms and conditions will apply to the use of our www.winstonsbeds.com/.uk website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our www.winstonsbeds.com/.uk website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our www.winstonsbeds.com/.uk website.
3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the www.winstonsbeds.com/.uk website, and you must stop using the website.

Third Party Rights

1. These terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

The information we will collect about you

We will process the personal data of customers, retailers, designers, prospects, architects, journalists, bloggers and editors.

Winstons Beds may collect, store and use the following personal information about you:

1. Information that you provide to us when we register your warranty
2. Information that you may provide to us when requesting a brochure through our website www.winstonsbeds.com
3. Information that you may provide to us when you are subscribing to our Winstons beds newsletter
4. Information that you provide to us when contacting Winstons Beds Customer Service team online.

Where the personal data we hold about you needs to be updated please contact us.

The personal data you provide to us may include the following:

1. Name
2. Address
3. Postcode
4. Country
5. Mobile number
6. Company name
7. Email address
8. Information contained in or relating to any communication that you send to or send through our winstonsbeds.com website. This may include the communication content and all or any metadata associated with the communications.
9. Any other personal information that you may choose to send us.
10. You may only pass to us another individual’s personal data if you have that individuals consent to do so and, on the understanding, they know their personal data will be processed as described in this privacy policy.
11. We may also collect information about your computer or devices and about your visits to and use of the winstonsbeds.com website.  This may include collecting unique online identifies such as IP addresses.

How we will use your personal information

We shall use your personal information for the following purposes:

1. To provide services to you
2. To provide you with information about services, and to deal with enquiries or requests about them
3. To administer or personalise our website to keep it secure
4. To send you email notifications and newsletters
5. To refer you to suppliers of services or goods in which you have expressed an interest
6. To send you marketing communication relating to our business which we believe you may have any interest in
7. To enable suppliers of services or goods in which you have expressed an interest to contact you
8. To prevent fraud
9. To verify compliance with terms and conditions governing the use of the Winstonsbeds.com website.

Our legal basis for processing personal information

Winstons Beds promise that we will only use your personal data in the way you want us to, and we will always respect your privacy. We will process your data under the following legal grounds:

The processing of the data is necessary to meet the contract obligations into which you have entered with us and where failure to provide mandatory data fields will mean that we may be unable to deliver our winstonsbeds.com services to you.

The lawful justification for sending marketing communications about winstonsbeds.com business, news and services is because we have a business interest for your data to be used for this purpose. You the customer are in control of your data and can choose not to receive such messages when you initially provide your data. Marketing communications may include:

Letter and email notifications where you have provided us with your or any email address, telephone or postal marketing.

Disclosing your personal data

Your information will be used by the parties under our control:

1. Workers who deliver our services
2. All third parties who provide a service to us:
3. Customer, interior designer, retailer, prospect, and retailer data to whoever at that time distributes our emails
4. Customer data and prospect data to our retailers who supply our goods to you
5. Customer data and retailer data to supplier(s) who send fabric swatches to you.

We shall keep your personal data within Winstons Beds and the trusted third parties except where disclosure is required by law.

How long we keep personal information

1. Winstons Beds shall not keep your personal data for any longer than is necessary.
2. The information you supply for your Guarantee form will be held for no longer than 30 years, at which point it will be securely deleted.
3. Personal details for retailers for marketing information will be held for a period of up to ten years since your last interaction with us.
4. A customer’s personal details for marketing information will be held for a period of up to ten years since the last interaction you had with us.
5. To make sure that you do not receive marketing from Winstons Beds after you have notified us to stop sending it.
6. Where it is necessary, we will keep your personal data for as long as required to do so by law; and where required to establish, defend or exercise our legal rights.

Under the GDPR, you have the right to: Make a subject access request to request your personal data

1. Restriction, rectification, erasure of your personal information where this is justified
2. Object to the processing of your personal information where this is justified
3. Data portability
4. A right to lodge complaints with a supervisory authority.

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

Third-Party Websites

Our winstonsbeds.com website may contain links to other websites that are outside of our control and are not covered by this Privacy Policy. If you decide to access other sites using the links provided, the operators of any of these websites may collect information from you that will be used by them in accordance with their own privacy policy, which may be different from ours. It will be helpful for you to read their Privacy Policy before providing them with your personal information or data.

Privacy and Cookies

We will ask you to consent to use of cookies in accordance with the terms of this privacy policy when you first visit our winstonsbeds.com website. To find out more about cookies please visit www.aboutcookies.org

Rights to Cancel

1. Some of our mattresses and beds are made to order specially for you and are not held in stock. Mattresses and beds that are made to order specially for you may not be cancelled by you, either before or after delivery. This policy only applies to the following mattress models: The Ancoats, The Rochester, The Dreamer, The Shropshire, The Highland, The Sherwood, The Heritage, The Grand Luxe, The Duke, The No1, The No2
2. The following mattress models may be cancelled a maximum of 48 hours before their scheduled delivery date: The Elite, The Essentials Orthopaedic, The Pro, The Alderley. If you cancel within 48 hours of your scheduled delivery date you will be refunded the amount you paid minus the delivery charge up to a maximum  of £100 per item.
3. All our mattresses and beds with the exception of clearance items are made to your exact specifications and therefore cannot be cancelled once we have accepted your order.
4. Tufting a pocket sprung mattress with natural fibres is an essential component. This is what holds all the fibre layers and springs in place. If you are a sensitive sleeper, we advise you to add a quilted mattress topper or avoid purchasing a tufted mattress
5. This mattress cannot be rolled, folded or bent, so please ensure it will fit the proportions of your bedroom and most importantly, be able to get into your house in the first place.
   1. Check the length, width and depth of your mattress
   2. Check the dimensions of your doorways
   3. Check the clearance area above your stairs
   4. Check the turns and obstructions
6. These orders fall outside the Distance selling regulations which states that personalised goods or goods made to a consumer’s specification are exempt.

Contact Us

This website is owned and operated by Winstons Beds, registered in England and Wales under registration number 12532492, and our registered office is at Marsland Chambers, 1a Marsland Road, Sale Moor, Greater Manchester, England, M33 3HP

If you have any questions about this policy or your personal data, please contact:

Winstons Beds
76 King St
Manchester
M2 4NH