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Terms of service

About us

We are Somnise Ltd (company number SC799118), a company registered in Scotland and having our registered office at 5 Fitzroy Place, Glasgow, Scotland, G3 7RH. We operate the website somnise.co.uk.

Throughout these terms references to “we”, “us” or “our” are references to Somnise Ltd.

Where to find information about us and our products

You can find everything you need to know about us and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email or in your online account.

When you buy from us you are agreeing that:

  • We only accept orders when we’ve checked them.
  • Sometimes we reject orders.
  • We charge you when you order.
  • We pass on some increases in VAT.
  • We’re not responsible for delays outside our control.
  • Products can vary slightly from their pictures.
  • You have a legal right to change your mind.
  • You have rights if there is something wrong with your product.
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don’t compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Notice.
  • You have several options for resolving disputes with us.
  • Other important terms apply to our contract.

We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and we accept it when we dispatch the product and confirm dispatch to you.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website, or because the product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.

We charge you when you place an order

You will be charged when making an order through our website, and you will own your product only when we have received payment in full.

We pass on some increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as any material delay(s) suffered by Royal Mail (or any other postal or delivery service we may use from time to time), we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us at support@somnise.co.uk to end the contract and receive a refund for any products you have paid for, but not received.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown in our marketing or its packaging may be slightly different due to normal variances in our manufacturer’s processes.

You have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, refer to the returns section in your account on somnise.co.uk or complete a copy of our cancellation form and post it to us.

You have to return the product at your own cost. You have to return your product to us within the period of 14 days of your telling us you have changed your mind. Returns are at your own cost.

You can send the product back to us using an established delivery service or via Royal Mail. Where appropriate, if you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns you can contact us at: returns@somnise.co.uk

We only refund standard delivery costs. For example, we don’t refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be deemed acceptable by us, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new” or the product-branded packaging and/or any accompanying documentation is damaged. In some cases, because of the way you have treated the product, no refund may be due. You can contact us at returns@somnise.co.uk and we can advise you on whether we’re likely to reduce your refund.

When and how we refund you. If you tell us you’ve changed your mind about a product that hasn’t been dispatched, we refund you as soon as possible and in any case within 14 days of you telling us. If you’re sending your product back to us, we will refund you within 14 days of receiving it. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact us at support@somnise.co.uk. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information you can visit your local Trading Standards office and/or the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights

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 your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get a refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

All other statutory rights apply, and are not affected by any of these terms.

We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements. These changes will always be made so as to change the product in as minor a manner as possible in order to preserve its original function; and
  • to make minor technical adjustments and improvements. These are changes that don’t affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. If we need to make more significant changes than those narrated above, or change these terms, we’ll notify you ahead of time. If you decide you do not wish to proceed with your order, you can then contact us at support@somnise.co.uk to end the contract before the change takes effect and receive a refund for any products you’ve paid for, but not received.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 14 days you can contact us at support@somnise.co.uk to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products

We can stop providing a product. We let you know at least 7 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

  • you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
  • you don’t, within a reasonable time, allow us to deliver the product to you. This includes not providing the necessary information to allow us to make delivery to you.

We don’t compensate you for all losses caused by us or our products

We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Our complaints policy. If you have a complaint, you can contact us by email at support@somnise.co.uk and we will do our best to resolve any problems you have with us or our products.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Consumer Arbitration (a trading name of Consumer Dispute Resolution Limited) through their website at https://www.cdrl.org.uk/. Consumer Arbitration does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by Scottish law and wherever you live you can bring claims against us in the Scottish courts. If you live in England, Wales or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact us at support@somnise.co.uk to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Relationship with Shopify. Somnise is powered by Shopify, which enables us to provide our products and services to you. However, any sales and purchases you make in our store are made directly with Somnise. You acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Somnise, including any injury, damage, or loss resulting from purchases. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Somnise.