Website Terms and Conditions of Use

TweakSleep is a trading name of Best Nights Sleep Ltd. The TweakSleep website and related services are made available to you in accordance with the following Terms and Conditions of Use.

Best Nights Sleep Ltd is a company incorporated in the United Kingdom, under the company number of 10520947.

Our Registered Office is:

Suite 140
19 Lever Street
Manchester
M1 1AN
United Kingdom

Our Trading Address is:

Castleton Works
Atlantic Street
Altrincham
WA14 5BY
United Kingdom

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

If you have any questions relating to these terms and conditions then please contact us before placing your order either by e-mail to hello@tweaksleep.com or phone 0161 850 9100.

Definitions

Conditions" means these terms and conditions and the Special Conditions;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
"Users" means the users of the Website collectively;
"Personal Information" means the details provided by you on registration;
"We/us/TweakSleep" means Best Nights Sleep Ltd;
"Website" means the website located at tweaksleep.com or any subsequent URL which may replace it;
and "You" means a user of this Website.

Use of the Website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you are strictly in accordance with these Conditions.

If you are under 16 you must let your parent or guardian know about TweakSleep's Privacy and Cookie Policy before you register to use this Website or any of its services. We reserve the right to only accept orders from those over 18.

Registration

To use some of the services and features made available to you on this website you will need to register. You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our customer services team by e-mail hello@tweaksleep.com. Failure to do so and any resulting errors will be the onus of the user, and not of TweakSleep.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We reserve the right to change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorised use of your account.

Intellectual Property and Right to Use

This website and its content is copyright of Best Nights Sleep Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than in accordance with this provision.

You acknowledge and agree that the material and content contained within this Website is made available to you for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited.

Permission is granted to temporarily download one copy of the materials (information or software) on TweakSleep website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not, except with Best Nights Sleep Ltd express written permission:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on TweakSleep website;
  • remove any copyright or other proprietary notations from the materials;
  • transfer the materials to another person or "mirror" the materials on any other server;
  • nor may you transmit it or store it in any other website or other form of electronic retrieval system.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Best Nights Sleep Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Rights, Liabilities, Indemnity

Your Rights

You have certain rights under the law. In England these include:

That any products you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;

Certain remedies if a product is defective; and

A right to cancel any order for a product within fourteen days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the Conditions are intended to affect these rights.

Limitation of our liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

If we breach the Conditions we shall be liable for losses which are direct losses and any reasonably foreseable consequences where, for example, they could be contemplated by you and TweakSleep at the time of you placing the order, and TweakSleep despatching the order. We shall only be liable for losses up to 150% of the total value of products purchased.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
  • Any loss of goodwill or reputation;
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

Nothing in these Conditions is intended to affect your statutory rights.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Privacy and Cookies

We value our customers and we are committed to protecting and respecting your privacy. The privacy and cookie policy set out separately in our Cookie and Privacy Policy included in these Conditions in its entirety. The purpose of this privacy and cookie policy is to inform you what personal data we may collect from you, or that is provided to us, how we use such information, and the choices you have regarding our use of, and your ability to review and correct the information.

TweakSleep is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Please read the privacy and cookie policy carefully to understand our views and practices regarding your personal data and how we will treat it.

Additionally, if you would like to correct your personal data or just access it please do not hesitate to contact us on hello@tweaksleep.com.

General

Site Terms of Use Modifications

We reserve the right to: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or changes to the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Public forums and user submissions

The Website owner is not responsible for any material submitted to the public areas by you which include bulletin boards, hosted pages, chat rooms, blogs, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by TweakSleep. TweakSleep reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
  • Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
  • Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of TweakSleep and/or a third party's computer system and/or network;
  • Violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of TweakSleep or any other third party; or
  • Submit contents containing marketing or promotional material which is intended to solicit business.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Severance

If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Waiver and Survival

If you breach these Conditions, and we take no action, we shall still be entitled to our rights and remedies in any other situation where you are in breach of the Conditions.

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what TweakSleep and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Third Party Sites

We may include hyperlinks on this Website to other websites or resources operated by parties other than TweakSleep, including advertisers. TweakSleep has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Further, you acknowledge and agree that, if you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and TweakSleep as a result of the Conditions or your use of this Website.

Third Party Rights

No one other than a party to this contract, their successors and permitted assignees, shall have any right to enforce any of its terms.

Governing Law

The Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.