Emma Sleep 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) in the Irish courts. In the event of dispute, you can submit a complaint through the European Union ODR platform accessible at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point if you wish to resolve disputes arising from online sales or service contracts out of court. For more information please contact: [email protected].

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).

13.2 We 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) 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 accept the following payment methods: debit and credit card (Mastercard and Visa), PayPal and Klarna. For every order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and billing 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. You are responsible for any costs associated with money transactions.

14.3 We may offer online payment service providers and credit institution solutions whose terms of sales, credit contract, right of retraction, if applicable, and specific terms must be acknowledged by customers for service fruition. Termination of terms of sales between Emma and customer may result in termination of terms of sales or credit contract between customer and online payment service providers or credit institution. Always read the specific terms of sale and use of online payment service providers and credit institutions carefully before using the corresponding payment and credit services on the respective websites.

14.4 Emma accepts various payment methods. For this purpose, payment data may be transmitted to payment service providers with whom we cooperate.

(a) Pay with debit and credit card: You immediately pay during the process of ordering by entering your credit card data. The frames handling the credit card data are hosted by Checkout. Checkout SAS is registered in France under Company Number 841033970, with its registered address at 37-39 rue de Surène, Paris (75008), France. Checkout SAS is authorised by the Autorité de Contrôle Prudentiel et de Résolution as an electronic money institution.

(b) Pay with Paypal: You pay directly through your PayPal account. Upon submitting your order, you will be forwarded to Paypal to authorize the payment of the order value. PayPal is duly licensed in Luxembourg as a bank (or “credit institution” in legal terms). We are supervised by the Luxembourg financial regulatory authority, the Commission de Surveillance du Secteur Financier or CSSF. CSSF’s registered office: 283, route d’Arlon, L-1150 Luxembourg.

(c) Pay with Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options:

Pay Now by card: Klarna will create virtual payment card to make a payment immediately (subject to terms and conditions). You pay Klarna later by using the Klarna payment method of your selected choice. A credit check may be performed by Klarna as part of the assessment of your application.

Pay in 3: The payment will be made in accordance with credit agreement between you and Klarna. The total cost will be divided into three equal instalments. The first of your three payments will be taken from your card automatically once Klarna receives confirmation that your items have been shipped. The second payment will be taken 30 days after the first payment, and the last one 60 days after the first payment.
(d) Pay with Apple Pay: Apple Pay is available when shopping on iOS and on MacOS devices using Safari browser. Before you can use Apple Pay, you must activate it in your Apple account (Wallet app) and on your device. Upon submitting your order, choose Apple Pay as your payment method and select the card you wany to use for the purchase and confirm the payment. When paying with Apple Pay, you will be immediately charged when concluding the purchase. Further information on payment via Apple Pay, including the General Terms and Conditions, can be found at https://www.apple.com/legal/applepayments/direct-payments/

When you use Apple Pay in apps and on the web, information necessary to process the payment is shared with the app or website. Your actual card number isn’t shared with the merchant.

Apple Pay is integrated through Adyen N.V. a public company registered in the Netherlands under company number 34259528 whose registered office is at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands. Adyen N.V. is supervised by the Dutch Central Bank as a regulated bank under Dutch law. In addition, Adyen and its group companies are supervised by different regulators and authorities, where applicable, across the globe.

Further information on Klarna instalment purchase including the general terms and conditions can be found at Terms and conditions | Klarna Ireland.

14.5 As part of our fraud monitoring and prevention methods and on the basis of our legitimate business interests, we use a fraud monitoring and prevention service provided by Checkout SAS for all website sales.

14.6 All payments are subject to verification and approval by our payment processing partners. We reserve the right to reject or cancel any payment for any reason, including suspected fraud, unauthorized use, or insufficient funds. We also reserve the right to change our payment terms and conditions at any time, without prior notice. If you have any questions or concerns about our payment terms, please contact us at [email protected].

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. Guarantee

This guarantee is applicable to Emma products that have been purchased on https://www.emma-sleep.ie or through one of our licensed partners and with delivery to Irish address. In order to be eligible for a refund or exchange, the product needs to be treated with proper care and in accordance with our advice.

19.1 We guarantee our new mattress purchases against manufacturing defects for a period of 10 years from the date of delivery. The Emma Metal Bed, except for the screws, has a guarantee period of 5 years from the delivery date. The Emma Wooden Bed and the Emma Ottoman Bed have a guarantee period of 3 years from the delivery date. The Emma Divan Bed ,the Emma Sofa Bed, the Emma Platform Bed, Emma Diamond Degree Pillow, the Emma Pillow and Emma Premium Microfibre Pillow have a guarantee period of 2 years from the delivery date. The Emma Original Bed, The Emma Flip Topper, Emma Diamond Degree Topper and the Under bed storage set has a guarantee period of 10 years following delivery. The Emma Mattress Protector, Emma Cloud Duvet, Emma Hug Weighted Blanket, and Emma 4 Season Duvet are excluded from any guarantee period.

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 replacement mattress will be the same mattress model as originally purchased, and it cannot be upgraded to a different model. 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 or extend to:

  • 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.
  • Comfort preference after the trial period, 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.
  • Mattresses that have been damaged or soiled due to improper use.
  • Faults or damages that have occurred due to the mattress not being unboxed within a reasonable time frame (up to six weeks after delivery).
  • Mattresses that have been transported outside of Ireland.

20. 200-Night Trial

20.1 This offer is valid on the Emma Luxe Cooling Mattress, Emma Luxe Cooling Mattress Plus, Emma NextGen Premium Mattress, Emma Premium Mattress, Emma Premium Mattress Plus, Emma Original Mattress, Emma Original Mattress Plus, Emma One Mattress, Emma Hybrid Mattress, Emma Carbon Mattress, Emma Deluxe Mattress and Emma Beds.

20.2 The Emma Pillows and Emma Hug Weighted Blanket come with a 30-day trial period. Emma beddings including the Emma Mattress Protector, Emma 4-Season Duvet and Emma Cloud Duvet are not guaranteed with trial periods, but can be returned within the 14-day window in a brand-new resalable condition.

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

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

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

20.6 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.

21. Mid-Year Sale

21.1 This promotion will run from the 28th of May 2024 until the 29th of June 2024.

21.2 Products will be discounted by up to 55%.

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

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

22. Deal of the Week

22.1 This promotion will run from the 11th of June 2024 until the 17th of June 2024.

22.2 The offer entitles customers to 45% off a bundle containing 1 Flip Topper and 1 Original Microfibre Pillow

22.3This 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.