100 night trial
We send the mattress to you and give you 100 nights to decide if it’s right for you. We know that Spongey, no matter how good it is, will not be for everyone but we do ask that you try the mattress for at least 30 days. We always recommend only ever disposing of your current mattress/bed combination only when you have received your new spongey! Please read the terms and conditions below for further detail.
Sleep on the mattress as you normally would. There’s no need to keep it under plastic. After 100 days if you’re still not happy, let us know by sending us an email at email@example.com and we’ll arrange an appointment to collect it.Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
We want you to be entirely happy with your spongey mattress and so our 100 night trial gives you the opportunity to test your mattress for 100 nights, starting on the day of delivery. If you are not entirely happy with your mattress or change your mind within 100 days of receiving a spongey mattress we will collect it (to UK customers) and give you a full refund, unless your purchase is a custom order or if the returns conditions are not met. You must try the mattress for a minimum of 30 days for the 100 night trial to be applicable.
The following conditions apply to your returns:
a) Once the item arrives back to our warehouse, it will be inspected to ensure all items dispatched with the mattress have been returned. If any items are missing a fee equivalent to the retail price of the missing item(s) will be deducted from the refund. If the mattress is in a good and reasonable condition, a full refund will be issued. Should the mattress cover be damaged or soiled, a fee will be deducted for the cleaning of the cover. If the cover is beyond repair, a fee will be deducted for replacement of the cover.
b) If you have purchased a mattress with a promotion including free goods, these must also be returned. If the pillows are damaged, the retail price of the pillows will be deducted from your refund. If a subsequent item has been delivered this must also be returned in the event of a refund and be in good, reasonable condition.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, then you can get a refund
up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
In addition to your statutory rights regarding faulty goods we give a 10 year guarantee that we will replace your faulty spongey mattress.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
Fee Delivery & Free Returns – We do not charge for delivery of your Spongey mattress if you reside in the UK. Delivery will be made to the address given during the ordering process. We only deliver the mattress to your main entrance, you will need to move it to its final location yourself. Once we receive confirmation from our third party that they have delivered the goods, we will deem them to have been taken ownership of, and retain no further responsibility for them.
If you choose not to keep your Spongey mattress within the first 100 nights, you will not be charged for collection. Collection will only be made from the original address that the mattress was delivered too. You will also need to arrange for the mattress to be ready and waiting at the main entrance to your property. Our courier partner will take care of the rest for you.
Spongey Limited has teamed up with the highly trusted secure online credit application service Divido to offer finance options when you buy from Spongey Limited.
Spongey Sleep acts as a credit intermediary and only offers credit products for Divido.
We offer the following packages:
6 months Interest Free Credit. See example on products.
12 months Interest Free Credit. See example on products.
Please note credit is subject to age and status.
To apply you must:
Be over 18,
Resident in the UK for 3 years,
Have a UK bank account that can accept direct debits,
Delivery must be to the address that you put on the finance application,
If you pay with finance your order must be delivered to your bank account’s billing address.
The application process:
Add your mattress/mattresses to your basket
When you get to the checkout please select ‘Pay in installments with Divido’ & and then click APPLY FOR FINANCE
You will then be taken to the application form to fill in your details
Fill this out and you will normally get a decision from the finance company instantly – sometimes they refer you for a decision but it should still be pretty quick.
If accepted you will then pay a deposit if you choose, which can be up to 37% of the mattress, or as little as….0%!
Then complete the e-signature and your application is complete
Once complete you will receive an order confirmation from spongey and we’ll start the process of getting you your new mattress. Note until the application is complete and signed by you, your mattress will not be dispatched.
Please note, we can only deliver to the address used in the finance application.
The application process is simple, takes around 5 minutes for you to complete, is carried out in store with a decision made within 30 seconds of completion.
Who is Eligible for Finance?
Finance is offered subject to status. Applying for an instalment plan is similar to applying for a new credit card. The details you provide are checked against public registers, such as credit-rating agencies. To increase the chances of acceptance, ideally, you will have a good credit history – (no late payments, CCJ’s, etc) – and meet the following minimum criteria:
• Be a UK resident
• Be over 18 years of age
• Have 3 years of UK address history
• Be working at least 16 hours per week
• Have a valid phone number and email address
• Delivery address must be to the address you put on your finance application (billing address).
Please send us an email to firstname.lastname@example.org, and we would be happy to answer any questions you might have.
Credit provided subject to age and status.
Divido Financial Services Limited (‘Divido’) is authorised and regulated by the Financial Conduct Authority. For more information, please visit: https://www.divido.com/
Spongey Ltd acts as a credit broker and only offers credit products for Divido.
For further terms and conditions please visit www.divido.com
Please note for any products purchased with a discount code and through Divido, the 100 night trial is shortened to a 2 week period. This is due to the interest being covered by ourselves rather than passed onto the consumer.
Terms of service
This contract sets out:
• your legal rights and responsibilities
• our legal rights and responsibilities, and
• certain key information required by law
In this contract:
• We, us or our means Spongey Limited , and
• You or your means the person using our site to buy goods from us
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
• e-mail email@example.com Monday to Saturday 9am to 9pm, and
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 You may only buy goods from our site for non-business reasons. If you want to buy our products for your business you should contact us on the details above to discuss our business to business terms.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any goods you also agree to be legally bound by our Website Terms and Conditions and any documents referred to in them. All these documents form part of this contract as though set out in full here.
2. Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 click on the ‘key information button’
2.1.2 read the Confirmation Email (see clause 3.2.3)
2.1.3 contact us by using the contact details at the top of this page
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Ordering goods from us
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.2.1 When you place your order at the end of the online checkout process (eg when you click on the Buy Now we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable
(b) we cannot authorise your payment
(c) you are not allowed to buy the goods from us
(d) we are not allowed to sell the goods to you
(e) you have ordered too many goods
(f) there has been a mistake on the pricing or description of the goods
3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us, and
(b) we will dispatch the goods to you
4. Right to cancel this contract and our 100 night trial
4.1 You have the right to cancel this contract within 14 days without giving any reason. We agree to extend your legal right to cancel your order of a spongey mattress to 100 days provided the mattress is purchased at full retail price and without any coupon codes used with your purchase. The 100 night trial with free returns is only valid on products purchased through this website (www.spongey.co.uk) and at full recommended retail price.
4.1.1 Your 100 night trial will commence from the time of order. If the time between accepting delivery and opening the mattress exceeds 30 days, the 100 night trial is null and void.
4.1.2 Once the mattress has been delivered and accepted, should you wish to return without opening the mattress your right to a free delivery and/or free return is void and a full collection fee and delivery fee will be deducted from the refund at prevailing rates.
4.1.3 When purchasing a product from this website during a promotional period, a refund and return is applicable only up to a period of 14 days after receiving your goods. If any mattress is purchased with a discount code greater than £75 and returned a collection fee will apply at prevailing rates. The collection fee will be deducted from the refund.
4.1.4 If a mattress is purchased with interest free finance at a discounted price or purchased using a coupon code, a return is applicable only up to a period of 14 days.
4.2 We reserve the right to refuse the 100 night trial to anyone not operating as a customer. If we have grounds to believe that you are returning the mattress for reasons other than dissatisfaction at the product, we reserve the right to refuse to accept the return and not give you a refund.
4.2.1 The cancellation period will expire after 100 days from the day you receive your mattress, or, in the case of any other goods or products purchased with a discount code/within a promotional period, 14 days from the day you receive those goods. This period can be extended to 30 days at our discretion.
4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of customer(s),
Address of customer(s)
Signature of customer(s) (only if this form is notified on paper),
[*] Delete as appropriate
4.4 To meet the cancellation deadline, it is sufficient for you to send your communication to cancel before the cancellation period has expired
5. Effects of cancellation
5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.2 We will make the reimbursement without undue delay, and not later than:
5.2.1 14 days after the day we received back from you any goods supplied, or
5.2.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
5.2.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract
5.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.4 If you have received goods we will collect the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
6.1 Standard delivery of the spongey mattress is free within the UK.
6.2 We use UPS to deliver our goods. If you want to see your delivery options, visit our webpage “Delivery & Returns” before you place your order.
6.3 The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 3.2.3).
6.4 If something happens which:
6.4.1 is outside of our control, and
6.4.2 affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the goods.
6.5 Delivery of the goods will take place when we deliver them to the address that you gave to us during the online ordering process. If you want us to deliver to a different address you should notify us by email or telephone.
6.6 Delivery will be to the inside of the doorstep of the property at the address. If, at your request, the goods are taken anywhere else on the property when delivered, then we and any third party contractor will not be liable for any damage to fixtures, fittings or the structure of the property.
6.7 The driver will not ask to see any form of ID and will not satisfy himself that the person accepting delivery is you or a person authorised by you to accept delivery of the goods.
6.8 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
6.8.1 let you know
6.8.2 cancel your order, and
6.8.3 give you a refund
6.9 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
6.10 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
6.11 We will make deliveries to any addresses outside of the UK on payment of a delivery charge (see FAQ] for details of charges, however, the free collection/return under our 100 night trial does not apply in respect of delivery outside the UK (the same delivery charge made on the initial delivery will be charged in respect of returned goods).
6.12 You are responsible for packaging and pass the mattress to our third party collection company.
7.1 We accept payment via credit cards, debit cards and Paypal. We do not accept cash.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Your credit card or debit card will only be charged at the time the order is made. If we cannot supply you with the goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event, within  days.
7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
7.5 If your payment is not received by us and you have already received the goods, you:
7.5.1 must pay for such goods within 14 days , or
7.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us
7.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this. If we don’t collect them from you, there will be a fee deducted from your refund amount equivalent to the retail price of the goods
7.6.1 The mattress has to be in good condition or a cost will be applied for replacement of the cover/parts of the mattress. 7.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.8 The price of the goods:
7.8.1 is in pounds sterling (£)(GBP);
7.8.2 includes VAT at the applicable rate;
7.8.3 includes the cost Standard Delivery; and
7.8.4 excludes the cost of special delivery of the goods (if you want special delivery visit our webpage FAQ for details before you place your order).
8. Nature of the goods
8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
8.1.1 are of satisfactory quality
8.1.2 are fit for purpose
8.1.3 match the description, sample or model, and
8.1.4 are installed properly (if we install any goods)
8.2 We must provide you with goods that comply with your legal rights.
8.3 Any goods sold:
8.3.1 at discount prices
8.3.2 as remnants
8.3.3 as substandard
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use. Any goods purchased at a discount price with finance will not be eligible for the 100 Night Trial. Instead a 2 week period will apply to this purchase.
9. Faulty goods
9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
9.1.1 visit our webpage: FAQ
9.1.2 contact us using the contact details at the top of this page, or
9.1.3 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 Please contact us using the contact details at the top of this page, if you want:
9.3.1 us to repair the goods
9.3.2 us to replace the goods
9.3.3 a price reduction
9.3.4 a refund
10. Our 10 year guarantee
10.1 spongey will replace any faulty mattress under our 10 year guarantee. This guarantee does not affect and is in addition to your legal rights in relation to faulty goods as set out in clause 9 above.
10.2 This guarantee relates to spongey mattresses only and not to any other goods.
10.3 This guarantee may be invalidated if you have not taken reasonable care of your spongey mattress.
10.4 This guarantee does not apply to instances of normal ageing wear and tear, damage as a result of any kind of accident or abuse, or if the mattress is in a soiled or unsanitary condition.
10.5 Any claim under this guarantee must be made within 30 days of discovery by you (or when you ought to have discovered) the defect.
10.6 If you alter or repair the mattress without our prior written consent your mattress will not be covered by this guarantee.
11. End of the contract
11.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed
(b) that were not caused by any breach on our part
12.1.2 business losses
12.1.3 losses to non-consumers
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the goods
13.2.2 our service to you
13.2.3 any other matter
please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you, and
13.3.2 give you certain information required by law about our alternative dispute resolution (ADR) provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.
13.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract
13.5 Relevant United Kingdom law will apply to this contract
14. Third party rights
14.1 No one other than a party to this contract has any right to enforce any term of this contract
14.2 Any mattress purchased that is a special edition or ‘Collective’ range or has the proceeds donated to charity will not have a 100 night trial on offer and in the event the time is faulty this will only ever be replaced with a regular spongey mattress.