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Terms + Conditions

Terms + conditions

Thanks for taking the time to read our terms and conditions. We recommend that you carefully read and consider the content on this page to ensure that your full comprehension.

When you place an order with us, you are agreeing to follow and be bound by them. These terms and conditions will apply to all orders you place with us.

Our definitions

"You" or "Your" means the person named in the order to whom we are supplying the goods;

"We", "Us" or "Our" means Brook and Wilde Ltd;

"Order" means your order for the goods;

"Goods" means all products listed in your order;

"Delivery" means the delivery of the goods to the delivery address specified in the order.

Orders

We will send you an automatic email confirmation of your order.

Your order will be considered as having been accepted if we have not had a response, or notification, from you following 48 hours of the confirmation being sent.

Each order you make with us is considered to be a separate legally binding contract.

Comfort levels

The comfort levels indicated on the site are for guidance purposes only.

Goods

Due to manufacturing tolerances, sizes stated for the different products on our site may vary from the dimensions stated on the relevant pages.

When placing a mattress on a bed you may find a gap around the edges where the mattress rests, this allows your bedding to be tucked in for a snug and comfortable fit.

Made-to-measure

We can make a minimum made-to-measure mattress size of 70cm x 180cm and a maximum made-to-measure mattress size of 200cm to 210cm.

Due to the special size of your mattress, it will not be delivered in a box. You are responsible for measuring your mattress correctly in centimetres and we cannot take responsibility for incorrect measurements given to us.

No return or exchange (100-Night Comfort Trial) will be allowed for a made-to-measure mattresses. Mattresses may be returned if they have a manufacturing fault. The lead time for any made-to-measure mattress will be up to 8 weeks.

Risk and ownership

Responsibility for and ownership of the goods passes to you once they are delivered or collected.

Our guarantee

Our guarantee covers normal domestic home use only. Defects relating to any of the following reasons will not be covered:

  • fair wear and tear;
  • wilful damage;
  • accident, negligence by you;
  • commercial use;
  • failure to follow our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without our prior written approval.

We guarantee that for 10 years, starting from the delivery date, the Goods will:

  • be free from material defects in design, material and workmanship; and
  • be of satisfactory quality;
  • be fit for the purpose for which they are designed and supplied;
  • comply with all applicable statutory and regulatory requirements for selling the Goods in the UK.

If you inform us that the Goods have breached the guarantee, we will arrange the goods to be inspected and the breach verified. If we deem that the Goods have not breached the Guarantee, we will decline any further action and will provide you with the full details behind our decision. You will have direct access to any reports completed by the inspection specialist.

Should you prefer to use an inspection service of your choice, this must be done at your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.

If the Goods are found to have breached the Guarantee, we will follow a fair and fast process. We will either repair or replace the Goods free of charge or provide a full refund of the price paid by you. We will do our best to agree with whichever remedy you would find most appropriate.

Your repaired or replacement Goods will also then be subject to the Guarantee

Events outside our control

If Brook + Wilde is unable to perform our obligations under to fulfil your order due to events outside our reasonable control, we will not liable or responsible. These include (without limitation) the following:

  • delays caused by suppliers;
  • delays caused by delivery or fulfilment partners;
  • strikes, lock-outs or other industrial action;
  • unavailability of shipping, aircraft, motor transport or other means of public or private transport; or unavailability of public or private telecommunications networks.
  • fire, explosion, storm, flood, snow or other natural disaster;
  • our obligations under these terms and conditions are suspended for the period that such events continue, and we will have an extension of time to perform these obligations for the duration of that period.

Limitation of liability

We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to your direct costs to repair that damage.

Our total liability in connection with or arising from the order, whether in negligence or otherwise, shall be limited to the value of the goods. We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the order.

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.

Should any part of our terms and conditions is found to be invalid or unenforceable by a court, the remaining terms and conditions will not be affected.

Disputes

All policy disputes regarding these terms and condition will need to be emailed to sales@brookandwilde.com. We aim to respond to all policy disputes within seven working days.

Resolving a dispute

If you do have a dispute that we are not able to resolve to your satisfaction then you may contact The Furniture's Ombudsman. You can visit their website here.

Preventing fraud

Brook + Wilde retains the right to investigate any order placed on our website. will also reserve the right to not deliver any such order until it is proven that the order is not fraudulent. Monies will be refunded to the original payment card used and the order will be cancelled if we are not able to prove that the order was not fraudulent or if we were unable to contact the relevant customer.

We will validate your details for your protection, to ensure your credit, debit or charge card is not being used fraudulently. This validation will include your name, address and other personal information supplied by you during the ordering process against appropriate third-party databases.

By accepting our terms and conditions you consent to these checks being made. In performing these checks personal information, you have provided may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.

We will never conduct a credit check and as such your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

These terms and conditions shall be governed by and construed in accordance with UK and European law. Disputes arising shall be exclusively subject to the jurisdiction of the courts of England and Wales.

Contact

For questions, requests to change your details, including delivery address, amend your order(s), requests for refunds and any other queries, please contact us at sales@brookandwilde.com or view our Help Centre.

Data controller

The data controller for your information is Brook and Wilde Ltd. registered in United Kingdom under Company Number 11513891 who registered office address is: 39 Beningfield Drive Napsbury Park, London Colney, St Albans, Hertfordshire, England, AL2 1UX.

As a data controller for the purposes of the Data Protection Act 1998 (the “Act”), we will comply with the statutory requirements to keep your personal data confidential and secure. We confirm that we are fully compliant with the Act.

Your information will be used to process and fulfil your order and/or in accordance with our guarantee. We will need to disclose your personal data to selected third parties in order to meet these requirements.

IPAD GIFT

How to qualify:

  • Receive an Apple iPad worth £319 when you spend a minimum of £699*. Offer starts on Tuesday 9th July and ends midnight Monday 15th July.

Offer comprises:

  • Apple iPad is 32 GB worth £319.
  • Apple iPad comes in 3 colours; you will be called by the Brook + Wilde team to confirm your colour preference.
  • 3 Colours:
    • Silver back and white front
    • Gold back and white front
    • Grey back and black front

General:

  • *Excludes Elite Mattress.
  • Offered iPad is not transferable.
  • No cash equivalent or other alternative is available in whole or in part.
  • Cannot be used in conjunction with any other promotion or coupon code.
  • Promotion can only be redeemed once per customer/household.
  • iPad will be despatched only after your Brook + Wilde order has been delivered in full.
  • Items may not arrive at the same time as your mattress delivery.
  • Delivery lead-time is subject to availability.
  • Your Apple iPad will be dispatched by Apple through their trusted delivery partners.
  • Should you return items on your order following delivery, which removes your order from the qualifying spend level for this promotion, the cost of the promotional item will be deducted from the value of your refund if you should choose to keep them. In order to get a full refund, your promotional item must be returned unopened and in its original packaging (at your cost).
  • Responsibility for arranging the collection and return of your promotional items to our warehouse lies with you (at your cost).
  • We reserve the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.

These Terms and Conditions shall be governed by and construed in accordance with UK and European law. Disputes arising shall be exclusively subject to the jurisdiction of the courts of England and Wales.

Referral Reward Conditions:

  • A minimum of £599.00 needs to be spent by both the referrer and the referee to qualify for the reward.
  • The referrer and referee will need to keep their mattress for a minimum of 100 nights to activate the reward.
  • The order email addresses of the referrer and referee cannot be the same.
  • Instructions on how to claim your reward will be emailed to your order email address.