Supply Terms and conditions
Terms and Conditions
These terms and conditions apply to the supply of our products to you and set out the legal relationship between you and us.
Please read these terms and conditions carefully. By clicking ‘accept’ below, you agree to these Terms (as defined below), which will bind you. We recommend that you pay particular attention to Condition 16, which sets out important limits and exclusions of our liability to you, and Conditions 12 and 15, which set out important information about your rights. If you do not agree to these Terms, you must not place an order with us.
1. Application of These Terms
1.1 These are the terms and conditions (the Terms) under which we supply our Products to you when you place an Order via our Website.
1.2 Please read these Terms carefully at the time you place an Order with us, as they set out important information about your rights and obligations and our rights and obligations. You must agree to these Terms before we can accept your Order. If you do not agree to these Terms, please do not proceed to place an Order with us.
1.3 These Terms set out details of:
-Who we are;
-The terms on which we supply our Products to you; and
-Other important information.
1.4 These Terms apply to consumers only. You are a consumer if:
- You are an individual; and
- You are purchasing Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).
1.5 You must be at least 18 years old to place an Order with us.
1.6 We may make changes to these Terms at any time. However, the terms which apply to your Order will be those Terms set out on our Website at the time you submitted your Order to us. Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you.
1.7 The following are other Terms that may apply to you and can be found on our Website:
-Our Privacy Notice, which sets out details of how we collect, use, and look after your personal data when you place an Order with us or visit and use our Website;
-Our Website Terms of Use, which govern how you may use our Website; and
-Our Cookies Policy, which sets out information about the cookies on our Website.
1.8 We recommend that you also read these carefully.
2. Who We Are
2.1 We are Cloudpillo B.V., a company registered in the Netherlands under company number 80589855 at the Dutch Chamber of Commerce. Our registered office is at: Reitscheweg 1, 5232 BX, 's-Hertogenbosch, the Netherlands. Throughout these Terms, references to "we," "us," or "our" mean Cloudpillo B.V.
2.2 Our VAT number is: 452578080.
2.3 If you need to contact us, please do so by:
-Sending an email to support@cloudpillo.co.uk;
-Calling us on +44 3308182539; or
-Completing the ‘Contact Us’ form on our Website.
3. Understanding These Terms
3.1 In these Terms, the following words and expressions shall have the following meanings:
| Term | Definition |
|---|---|
| Charges | All fees, charges, costs, and expenses payable to us under or in connection with the Contract. |
| Contract | The contract for the supply of Products between you and us, which comes into effect in accordance with Condition 4.4. |
| Delivery Location | The location set out as such in our Order Confirmation. |
| Order | An order for Products. |
| Order Confirmation | Our written confirmation that we have accepted all or part of an Order, as further described in Condition 4.4. |
| Product | Pillows, mattresses, bedding, and other accessories, or any other product displayed for sale on our Website. |
| Terms | These supply terms and conditions, as further defined in Condition 1.1. |
| Website | www.cloudpillo.co.uk |
3.2 A reference to:
-The singular includes the plural and vice versa, and the masculine shall include the feminine and neuter and vice versa;
-A statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time;
-Writing or written excludes fax but includes email; and
-An English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or legal concept shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates the English legal term in that jurisdiction.
4. Placing an Order and the Basis of the Contract
4.1 You may place an Order with us via our Website. An Order constitutes an offer by you to purchase those Products set out in the Order, in accordance with these Terms.
4.2 Please check the Order carefully and correct any errors before you submit it to us.
4.3 At the time you place an Order with us, you are required to read and accept these Terms. This does not mean that the Order has been accepted by us. The Order will only be accepted where we send you an Order Confirmation (see Condition 4.4). Your Order is an offer to buy Products from us on these Terms.
4.4 Our acceptance of an Order will take place when we send you an email confirming we have accepted your Order (Order Confirmation), at which point a legally binding Contract shall come into existence in respect of those Products set out in our Order Confirmation only.
4.5 We may choose to not accept all or part of your Order or terminate the Contract (at our discretion) in certain circumstances, including:
-Where we are unable to take payment or verify your payment details to our satisfaction;
-Where the Product you’ve ordered is unavailable or out of stock;
-Where you have not indicated acceptance of these Terms;
-Where you are located outside of our delivery areas; or
-Where there has been a mistake regarding the pricing or description of the Products.
4.6 Where this happens, we will email you as soon as possible using the details you provided when you placed the Order and refund any sums you have paid in respect of those Products we are unable to provide. We have the right to reject Orders for any reason.
5. Product Availability
5.1 All Products within our Order Confirmation are subject to availability, and we cannot guarantee that any Products will be available at any given time.
5.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Products. If this happens and it affects any Products in our Order Confirmation, we will notify you by email, cancel the Contract in respect of the affected Product, and provide you with a refund of any advance payments made by you for any Products that have not yet been provided.
6. Your Rights to Change an Order
6.1 If you would like to make any changes to your Order after you have submitted it to us, please contact us as soon as possible, and we will let you know whether it is possible to change the Order.
7. Our Rights to Change an Order
7.1 We can make changes to the Products:
-To reflect changes in relevant laws and regulatory requirements; or
-To make minor technical adjustments and improvements, for example, to address a safety hazard.
7.2 We can suspend the supply of the Products in order to:
-Deal with technical problems or make minor technical changes; or
-Update Products to reflect changes in relevant laws and regulatory requirements.
8. Products
8.1 You can find everything you need to know about us and our Products on our Website.
8.2 All pictures, images, drawings, descriptive matter on our Website or in adverts produced by us, including of packaging, are for illustration purposes only, to give an approximate idea of the Product referred to in them. We do not hold out that our Products will be suitable for any particular use you may wish to make of them.
8.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Website may vary depending on what device you are using and your settings.
8.4 All sizes and measurements set out on our Website are as accurate as possible. All information, tips, or the calculator tool available on our Website are for the purpose of guidance only.
8.5 Our Products are provided to you for your domestic and personal use only. You must not use them for commercial, business, or resale purposes.
9. Delivery
9.1 Our courier service will deliver your Products to the Delivery Location.
9.2 If no one is available to take delivery, our courier service may leave an attempted delivery notification at the Delivery Location with information on how to re-arrange delivery or follow the delivery instructions you provided to us. This may include leaving it in a specified safe location or delivering it to a neighbour or nearby business.
9.3 If delivery is unsuccessful after multiple attempts or if we are unable to follow your delivery instructions, we reserve the right to:
-Cancel the Order and refund you the price of such Products (excluding delivery charges and any reasonable re-delivery costs incurred); or
-Charge additional delivery Charges for each additional attempt.
9.4 Please examine the Products as soon as possible after delivery and notify us of any faults or damage. We may only have 24 hours from the time of delivery to notify our courier service of any fault or damage.
9.5 Once a Product has been delivered to the Delivery Location, risk in the Product passes to you, and it will be considered "delivered." This means that you are responsible for the Product, and we are not liable for any theft or damage after delivery. However, ownership of the Products only passes to you when you have paid for them in full.
9.6 Delivery options and charges are available on our Website. Additional delivery charges may apply for remote areas, including Northern Ireland, the Isle of Wight, the Isle of Man, the Channel Islands, and other locations within the UK.
9.7 Your Products will be delivered within the delivery period specified on our Website or as agreed with you. Delivery dates are estimates only and not guaranteed. We are not liable for delays caused by circumstances beyond our control, such as severe weather or accidents.
10. Charges and Payment
10.1 Prices for our Products are set out on our Website. The Charges payable by you will be confirmed in your Order Confirmation.
10.2 All prices are stated:
-In pounds sterling (£)(GBP) for deliveries to the UK;
-Inclusive of VAT at the applicable rate; and
-Exclusive of delivery charges, which are stated separately.
10.3 If there is an error in the pricing of our Products on the Website, we will contact you to confirm the correct price or allow you to cancel the Order. If we cannot contact you, the Order will be treated as cancelled.
10.4 We accept the following payment methods:
-Visa, Mastercard, American Express, Apple Pay, Google Pay, Maestro, Shop Pay, Union Pay, and PayPal.
-Klarna, subject to Klarna's terms and availability.
10.5 All Products must be paid for in advance. If we cannot collect payment, we may cancel the Order.
10.6 Late payments are subject to interest at 4% above the Bank of England’s base rate, calculated daily.
11. Your Obligations
11.1 You shall:
-Ensure that the terms of your Order are complete and accurate;
-Provide us with accurate and complete information needed to fulfill your Order; and
-Cooperate with us in all matters related to the Products, including ensuring someone is available to accept delivery.
11.2 If the VAT rate changes between the Order date and delivery, we will adjust the VAT accordingly unless payment has already been made in full.
12. Your Right to Cancel Your Order
12.1 You have the right to cancel your Order during the applicable cancellation period, which begins on the delivery date.
12.2 The cancellation period will be at least 14 days from the delivery date, with longer periods offered for certain Products, as communicated at the time of Order.
12.3 To cancel your Order:
-Visit our returns page at cloudpillo.co.uk/pages/returns;
-Email us at support@cloudpillo.co.uk; or
-Call us at +44 3308182539.
13. Returning Products
13.1 If you cancel an Order and have received the Products, you must return them within 14 days.
13.2 Products must be returned in new and unused condition, with their original packaging and tags where possible.
13.3 You can return the Products using our "Returns" service (free of charge) or an alternative delivery method at your cost (unless the Products are faulty).
13.4 Refunds will be issued within 14 days of receiving the returned Products or proof of return.
14. Faulty Products
14.1 Products must meet the following standards:
-Be as described;
-Be fit for purpose; and
-Be of satisfactory quality.
14.2 You are entitled to:
-A refund for faulty Products within 30 days;
-A repair, replacement, or refund within 6 months; and
-Partial compensation if Products fail within a reasonable lifespan.
14.3 If you believe a Product is faulty, contact us immediately at support@cloudpillo.co.uk with details and photos of the issue.
15. Our Liability to You
15.1 We are responsible for foreseeable losses caused by our breach or negligence.
15.2 We are not responsible for:
-Losses not foreseeable at the time of contract;
-Losses not caused by our breach or negligence; or
-Business-related losses.
15.3 We do not exclude liability for death, personal injury caused by negligence, or fraud.
16. Governing Law and Jurisdiction
16.1 These Terms are governed by English law. You retain the protection of any mandatory laws in your country of residence.
16.2 Disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales or the courts of your place of residence.