1. These terms
1.1 What these terms cover. These are the terms and conditions on which Pillow Wad Limited (we, us, our) will supply products to you (you, your) through our website www.pillow-wad.co.uk (the Website) and if you (as a private consumer) purchase our products directly from us.
1.2 Why you should read them. Please read the terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Should you have any queries in relation to any matter set out in these terms, please do not hesitate to contact us and we will seek to clarify the matter of concern. By using the Website or any of our services you agree to be bound by the following terms. If you do not agree to be bound by these terms and conditions, please do not use the Website.
2. Information about us and how to contact us
2.1 Who we are. We are Pillow Wad Limited a company registered in England and Wales. Our company registration number is 03746415 and our registered office and trading address are at Rookery Farm, Hinton-In-The-Hedges, Brackley, Northamptonshire, NN13 5NF. Our registered VAT number is GB729581891.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01280 703 055 or by writing to us at email@example.com or the address referenced above.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Your order. Before submitting your order for product(s) please ensure it is complete and accurate. We will supply our products in accordance with your order. You are responsible for ensuring that the terms of your order are complete and accurate.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or otherwise communicate our acceptance of your order, at which point a contract will come into existence between you and us (Contract).
3.3 Subscription Services. If you subscribe to the supply of our products, you will automatically be subscribed to a regular order of the products ordered. Your subscription will remain in place until you cancel it in accordance with our Contract.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Our Products
4.1 Supply of products. We will supply our products in all material respects in accordance with your order.
4.2 Our products. Our products are described on our website www.pillow-wad.co.uk.
4.3 Changes to specification. We reserve the right to amend the specification of a product if required by any applicable statutory or regulatory requirements or to improve the quality of the product or to implement minor technical changes. If we have to make more significant changes, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any products paid for but not received.
4.4 Product may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because of the nature of our products all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
4.5 Product packaging may vary. The packaging of a product may vary from that shown in images on our website.
4.6 Compliance with our storage and use instructions. It is important that you comply with any instructions we provide regarding the storage and use of our products. Products must be stored in a cool, dry place, out of direct sunlight and ideally indoors. If stored outside, products must be suitably protected in order to meet the storage conditions set out in this clause 4.6
4.7 Nature of our product. Whilst we use all reasonable endeavours during our production process, unwanted items such as sticks or golf balls may become incorporated into certain of our products. You must, before using our products, check for such items. Our products are made from natural raw material and are therefore subject to differences in texture, colour, length, taste and smell. Whilst we take all reasonable measures to provide you with excellent quality and consistency, please allow for changes between bags to account for weather and soil conditions which are outside our control.
4.8 Our responsibility. We will not be responsible for any loss or damage you incur if you fail to comply with your obligations under clauses 4.6 and 4.7.
5. Your rights to make changes
5.1 If you subscribe to receive product, our subscription service enables you to manage future orders. We will contact you within  days prior to the dispatch of your scheduled order to confirm the date your next order for product will be dispatched (Renewal Order Confirmation). You will be given the opportunity to reschedule delivery or to delay the supply of your next scheduled order. However, should you wish to make any such change you must notify us by the date set out in your Renewal Order Confirmation. If you do not notify us by the date specified, your product will be delivered in accordance with your order and you will be charged for the order.
5.2 If you have not subscribed to our subscription services and you wish to make a change to a product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. No change will be implemented until such time as you and we have agreed the necessary changes.
6. Delivery of our Product
6.1 When we will provide the products. During the order process we will let you know when we will provide the products to you. If you receive product using our subscription service, we will inform you during the order process of the intervals at which products will be delivered to you and will also tell you when and how you can end the Contract. If you have any special requests in relation to the delivery of your items, you must specify them at the time of purchase.
6.2 If the products are a one-off supply. We will deliver the products to you as soon as possible and in any event within 30 days after the day on which we accept your order.
6.3 If the products are a subscription to receive products. We will supply the products to you until either the subscription expires (if applicable) or you end the Contract in accordance with the terms or we end the Contract by written notice to you as described in clause 9.
6.4 We are not responsible for delay outside of our control. If our supply of product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise 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 products you have paid for but not received.
6.5 Delivery costs. You will be informed of our costs of delivery at the time you place your order.
6.6 Collection. Collection may only be made by pre-arranged appointment at any time during our working hours of 9.00 am to 5.00pm on weekdays (excluding public holidays).
6.7 If you are not at home when the product is delivered. We use external delivery companies. Please comply with any instructions provided by them. If no one is available at your address to take delivery and the product cannot be posted through your letterbox, the delivery company will provide instructions about whether a further delivery attempt will be made or whether you must collect your product from a specified depot or location.
6.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our premises or the 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 or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.9 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us or you or you collect it from us.
6.10 When you own product. You own a product once we have received payment in full.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind under the Consumer Contracts Regulations 2013. You do not have a right to change your mind in respect of:
7.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. This exclusion will apply to most of the products we supply;
7.4.2 any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? One-off purchases – as long as the product remains sealed, unused and in a re-sellable condition, you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. If you receive products through our subscription service – as long as the product remains sealed, unused and in a re-sellable condition, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products. You may use the Model Cancellation Form set out in the Schedule to these Terms to exercise your right to change your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract for the supply of our product is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email. Call customer services or email us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 Online. Complete the Contact Us form on our website.
8.1.3 By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the product in person or post them back to us at the address stated above or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or misdescribed;
8.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.6.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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.
8.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
8.7.1 if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
8.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the Contract
9.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about any product, please contact us. You can telephone our customer service team or write to by email or post.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order page when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 correct price at your order 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 unmistakeable and could reasonably have been recognised 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.
11.4 When you must pay and how you must pay. We accept payment with all major debit and credit cards. Payment may also be made using PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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 products or including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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. How we may use your personal information
13.2 The website may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.
13.3 Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.
13.4 We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Website and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the website.
13.5 We have the right to remove any material or posting you make on the Website or via any other medium (including all social media) at our sole discretion.
14. Intellectual Property
14.1 All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the Website is either owned or licensed to us, and is protected by applicable copyright laws around the world. All such rights are reserved.
14.2 The PILLOW WAD trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered are ours and are protected by applicable trade mark laws around the world. All rights are reserved.
14.3 All other intellectual property in or connected to the Website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
14.4 Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our Software and all HTML and other code contained in this Website. You are permitted to access and make personal use of the Website but such use is limited and does not include the right to:
- use the Website in any way which may prejudice or damage our reputation or that of Pillow Wad Ltd;
- use the Website for any commercial or business purposes;
- reproduce or redistribute the Website or any of its contents for commercial or business purposes;
- take any action that may impose an unreasonable burden or load on our infrastructure.
14.5 We do not promise that the content of the Website is accurate or error-free. We do not promise that the functional aspects of the Website will be error free or that the Website, its contents, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
14.6 Opinions expressed by individuals on the Website or on any other medium (including all social media) are the personal opinions of the authors and do not reflect the views of Pillow Wad Ltd. If you have a complaint about any posts please email firstname.lastname@example.org.
15. Other important terms
15.1 Assignment and other dealing. We may at any time transfer our rights and obligations under these terms to another organisation. You may not transfer any of your rights or obligations under these terms without our written consent.
15.2 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.3 Severability. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 Waiver. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 Law. This Contract is governed by English and Welsh law. you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the Contract)
Pillow Wad Limited
Hinton in The Hedges
I/We hereby give you notice that I/We cancel my/our contract of sale of the following products:-
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this form is notified on paper)