Terms of service

Overview

Welcome to True Rest. "We", "us" and "our" refer to True Rest. True Rest operates this store and website (the "Services"). True Rest is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy and any policies referenced within them, describe your rights and responsibilities when using the Services. By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use the Services.

1. Who We Are

These terms apply to any order placed through truerest.co.uk. True Rest is a trading name of Generation Commerce Limited, company number 17355329, registered office: The Sharp Project Gold 157, Thorp Road, Manchester, M40 5BJ, referred to as "we", "us" or "True Rest".

2. Access and Your Account

By using our Services, you confirm that you are at least 18 years old, or have your parent or guardian's consent to use them. If you create an account, you are responsible for keeping your login details secure and for all activity under your account. You must not transfer, sell, or share your account with anyone else.

3. Our Products

We make every effort to provide an accurate representation of our products. Colours or appearance may differ from how they display on your screen due to your device and its settings. Product descriptions are subject to change at any time. We may discontinue a product or limit quantities at our discretion, this does not affect orders already accepted.

4. Orders and Acceptance

Placing an order is an offer to buy, which we may accept or decline. A contract is only formed once we confirm your order, typically by email. We reserve the right to refuse or cancel an order, including in cases of pricing errors, stock unavailability, or suspected fraud. If we cancel or amend your order, we will contact you using the details provided at checkout.

5. Prices and Payment

All prices are shown in GBP and include VAT where applicable. We take reasonable care to ensure prices are correct, but errors can occur, if a pricing error is discovered after you have ordered, we will contact you before proceeding. Payment is taken at the point of order. We also offer financing through Klarna, subject to Klarna's own terms and a separate credit check, this is a contract between you and Klarna, not with True Rest.

6. Delivery

We offer free delivery across the UK mainland via DPD on a next working day service. Orders placed before 2pm are dispatched the same day, orders placed after 2pm are dispatched the next working day. Delivery timescales are estimates, not guaranteed. Once we transfer products to the carrier, risk of loss passes to you, ownership passes to you once we have received payment in full.

7. Your Right to Cancel

Under the Consumer Contracts Regulations 2013, you have the right to cancel your order within 14 days of delivery, for any reason, without needing to give one. In addition to this legal right, we also offer a 100 night sleep trial as a goodwill policy. This goes beyond the statutory minimum and does not reduce or replace it. Full details of both are set out on our Returns page, which forms part of these Terms.

8. Warranty

Every True Rest mattress is covered by our 10 year warranty against manufacturing defects, in addition to your statutory rights under the Consumer Rights Act 2015. Full details are set out on our Warranty page, which forms part of these Terms.

9. Intellectual Property

All content on our website, including text, images, logos and product names, belongs to True Rest or our licensors and may not be copied, reproduced or reused without permission. Shopify's own name, logo and trademarks belong to Shopify.

10. Optional Tools

We may give you access to tools provided by third parties that we do not monitor or control. Such tools are provided "as is" without any warranty, representation or endorsement from us. Any use of optional third party tools is at your own risk, and you should review the relevant third party's own terms before using them.

11. Third-Party Links

Our Services may contain links to third party websites. We are not responsible for the content, accuracy or practices of any third party site, and accessing them is at your own risk. Any concerns about third party products or services should be directed to that third party.

12. Our Relationship with Shopify

True Rest is powered by Shopify, which enables us to provide the Services to you. Any sales you make through our store are made directly with True Rest. Shopify is not responsible for any aspect of sales between you and True Rest, and you release Shopify and its affiliates from claims, damages and liabilities arising from your purchases and transactions with True Rest.

13. Feedback

If you submit reviews, suggestions or other feedback, you grant us a worldwide, royalty free licence to use it for any purpose, including commercial use. You confirm you have the right to share this feedback and that it will not infringe anyone else's rights. We are under no obligation to keep feedback confidential, pay for it, or respond to it.

14. Errors, Inaccuracies and Omissions

Occasionally our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing or availability. We reserve the right to correct these and to update or cancel orders where necessary, without prior notice. This does not affect your statutory rights.

15. Prohibited Uses

You may only use our Services for lawful purposes. You must not use the Services to break any law, infringe intellectual property rights, harass or harm others, spread false information, transmit malware, or interfere with the security or functioning of the Services. We may suspend or terminate your access if we determine you have breached these Terms.

16. Automated Agents

If you use or deploy an automated agent (software acting autonomously on your behalf) to access our Services, it must clearly identify itself as an agent in its requests, must not disguise itself as a human user or attempt to bypass measures such as CAPTCHAs, and must comply with any request from us to stop accessing the Services.

17. Our Liability

17.1 We are responsible for foreseeable loss or damage caused by us. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time you placed your order.

17.2 Nothing in these Terms excludes or limits our liability for:

●      (a) death or personal injury caused by our negligence;

●      (b) fraud or fraudulent misrepresentation;

●      (c) breach of the terms implied by the Consumer Rights Act 2015, including that goods are of satisfactory quality, fit for purpose, and as described; or

●      (d) any other liability which cannot be excluded or limited under the law of England and Wales.

17.3 We are not liable for any loss or damage that is not foreseeable, or for business losses, where you are using our products wholly or mainly for business purposes.

17.4 If our delivery causes damage to your property (other than the goods being delivered), and that damage results from our failure to take reasonable care, our liability is limited to the reasonable cost of restoring the property to its condition immediately before the damage occurred.

17.5 Except as set out in this clause, our total liability to you for any single claim arising from your order shall not exceed the price you paid for the relevant product.

 

18. Statutory Rights and Warranties

18.1 Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015, including your right to goods that are of satisfactory quality, fit for purpose, and as described.

18.2 Information provided through our Services, including product descriptions and general guidance, is provided in good faith for general informational purposes. We take reasonable care to ensure it is accurate, but we do not guarantee that all content is complete, current, or error free at all times.

18.3 Except as expressly stated in these Terms, and subject always to clause 18.1, we do not make any representation, warranty or guarantee that our Services will be uninterrupted, timely, secure, or free from errors.

18.4 Nothing in this clause limits or excludes our liability as set out in Section 17 (Our Liability), or removes any right you have that cannot be limited or excluded under the law of England and Wales.

 

19. Indemnification

You agree to indemnify us against reasonable losses, damages, and costs (including reasonable legal fees) that we incur as a direct result of:

  • ●      (a) your breach of these Terms;
  • ●      (b) your fraudulent or unlawful use of our Services; or
  • ●      (c) your infringement of any third party's rights through your use of our Services.

This does not apply to losses caused by our own negligence or breach of these Terms, and does not affect your statutory rights.

 

20. Termination

We may suspend or terminate your access to the Services at our discretion if you breach these Terms. Provisions that by their nature should continue to apply after termination will remain in effect, including Intellectual Property, Liability, Indemnification, and Governing Law.

21. Severability

If any part of these Terms is found unenforceable, the rest will continue to apply in full.

22. Waiver and Entire Agreement

Not enforcing a right under these Terms does not waive it. These Terms, together with our Privacy Policy, Returns page and Warranty page, form the entire agreement between you and us regarding the Services.

23. Assignment

You may not transfer your rights or obligations under these Terms without our consent. We may transfer or assign our rights and obligations at any time.

24. Complaints

If you have a complaint, please contact us at info@truerest.co.uk in the first instance, and we will do our best to resolve it directly.

If we are unable to resolve your complaint through our own process, you may refer your complaint to the Furniture & Home Improvement Ombudsman (FHIO), an independent, government approved alternative dispute resolution (ADR) provider, at www.fhio.org. We are not currently a member of this scheme, so we are not bound to accept its decisions, but you are entitled to refer a complaint to them regardless.

25. Headings

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their meaning.

26. Changes to These Terms

We may update these Terms from time to time. The version in effect at the time you place an order is the one that governs that order. Continued use of the Services after changes are posted constitutes acceptance of those changes.

27. Governing Law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute.

28. Contact Information

Questions about any of these Terms should be sent to info@truerest.co.uk.