Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on our website www.memflex.com (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” in our shopping cart if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.

    1. The company known online as www.memflex.com is a site under company number 08100985 and with our registered office at Calder House Savile Road Castleford WF10 1BJ. Our main trading address is:


Calder House
Savile Road
West Yorkshire
WF10 1BJ

Our VAT number is [209952095].

    1. Our site is only intended for use by people resident in the United Kingdom. We currently do not accept orders from individuals outside those countries.
    1. By placing an order through our site, you warrant that:
      1. You are legally capable of entering into binding contracts;
      2. You are at least 18 years old; and
      3. You are resident in the United Kingdom
    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods.
    2. If the Goods you have ordered are not available or discontinued, or if we are unable to deliver them to you within 30 days, we shall inform you of this. In this event, no Contract shall have been formed between you and us.
    3. If we are unable to supply the Product and payment has already been made by the buyer, then the buyers account will be refunded or re-credited with the sum paid by the Buyer. The Seller will not be obliged to offer any compensation for disappointed suffered.
    1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
    1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in Clause 10 below).
    2. To cancel a Contract, you must inform us via email at sales@memflex.co.uk You must make the Goods available to us for collection and during this time keep the Goods in the same condition in which you received them. You may not use the Goods. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
    3. If a customer wishes to cancel after receiving goods, for reasons of change of mind, incorrect goods ordered, wrong size, wrong colour choice, do not fit for any reason, then there is a £49 collection fee.
    4. You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.
    5. If you have entered into an agreement under which fixed sum credit is granted by us (or by another person under an arrangement between that person and us) to fully or partly pay the Contract price (“Related Credit Agreement”), then your notice to cancel the Contract will also cancel the Related Credit Agreement.
    6. Please be aware that images of our products on our website are for illustration purposes only. Any item that is not a bed or the specified product in the product description on the web page, or that appears in any photograph or illustration on the website will not form part of this contract. An example of such things are lamps, bed covers, pictures and in certain instances headboards on divan beds (unless previously mentioned in product description).
    1. The Goods will be at your risk from the time of delivery pursuant to clause 9 and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time we tendered delivery of the Goods.
    2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
    1. The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
    2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
    3. Payment for all Goods must be by credit or debit card. We accept payment made with all major credit/debit cards, with the exception of American Express. Your credit or debit card will be charged at the time the order is made.
    1. Express Delivery – when you order express delivery products the company will use best endeavours to ensure that the goods ordered for express delivery by the customer do arrive the within 24- 48 hours, however since many of the factors that affect the date and time of deliveries are outside our direct control, the company can not and does not guarantee delivery at a specified time.
      Goods will be delivered on the date chosen; delivery times are between 8am and 6pm. Unfortunately we are unable to give a more accurate delivery time on our express delivery products. Please note, our express delivery service is one man and can only be delivered to the doorstep. If you reside in an apartment or a block of flats, the delivery driver will deliver to the ground floor lobby of the building only.
    2. Please note that postcodes AB, DD, IV, PA, KW, KY, FK, and PH can not be guaranteed on express delivery service and may take up to three days.
    1. If your order consists of more than 1 item, these may be delivered at separate times during the day. This is due to the goods being dispatched from different warehouses around the country.
    2. Please be aware that the delivery company who delivery your goods are not insured to enter private premises and only deliver to the doorstep. If you require assistance with the moving of your item into your premises, you must arrange the assistance yourself.
    3. Unfortunately express delivery is not available to any off shore Islands. We only do express deliver to mainland UK.
    4. Items Shipped Within 2-3, 4-6 Days – are all based upon working days Monday-Friday. You will be contacted within these days to organise a suitable delivery date.
    5. All other delivery times – are based on approximate supplier lead times. Once the goods have been received and checked into our warehouse we will contact you to organise a suitable delivery date.
    6. Saturday Deliveries – Delivery time for a Saturday delivery time is between 7:30am and 5.30pm.
    7. Unless otherwise agreed in writing by yourself and Memflex, the delivery of the Goods will take place at the address you have specified in the order (if the Goods are to be delivered to another address other than the registered cardholder address, proof of address will be required).
    8. Provided that we deliver the Goods to the address you have specified in the order (or any other address agreed by Memflex) then the Goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you (or is a person authorised by you to accept delivery of the Goods).
    9. Any dates and times quoted for delivery of the Goods are approximate only. The Goods may be delivered to you in advance of any estimated delivery time, giving you reasonable notice.
    10. Goods delivered by Memflex or by a third party contracted to undertake delivery on our behalf are delivered only to the inside of your doorstep. If you request that Goods are taken inside your property, or request any assistance with moving or assembly of items, then we or any third party contractor shall not be held liable or responsible for any damage to carpets, fixtures, fittings or the structure of your accommodation (e.g. paintwork, plasterwork, brickwork) that may occur. It is at the customer’s risk. Such an action is undertaken solely on your individual responsibility. Please note that any claims for damages arising from the above must be claimed with the buyers own insurance. Memflex will not be held liable.
    11. Please note that all the above deliveries are subject to good road/weather conditions. Memflex cannot be held be held responsible for road closures, accidents and adverse weather conditions, that delay your delivery.
    12. When a delivery date has been arranged with the customer and our delivery team arrive and the customer is not present to receive delivery, Memflex reserves the right to charge the customer a minimum of £49 to cover the cost of the failed delivery.
    13. Please note that if you request a call prior to delivery, this cannot be guaranteed. Our delivery times are outlined above.
    14. Delivery without a signature – Please be aware that Memflex and our contracted delivery teams require a signature at time of delivery. However, if you are unable to be present at time of delivery and you request the goods to be left with a neighbour or in a safe place, Memflex will do so with the presence of a signed note from the customer stating to that effect. Upon delivery, the driver will take the note as proof of doing so. If goods are left at customers request and upon returning to the property find that the goods are not present, Memflex will not be held reliable or responsible. This is undertaken at the risk of the customer.
    15. Please note that many of our products/furniture are flat packed for home/self assembly. It is the responsibility of the customer to assemble the items or arrange for a competent third party to do so at their own expense.
    16. Please be aware that Memflex will not be liable to pay any form of compensation for late or failed deliveries. This also includes time taken off work to accept delivery or loss of income for rental properties.
      If you are purchasing a replacement bed or mattress, Memflex strongly recommend that you DO NOT dispose of your old items until delivery of the new goods has been made.
    17. Please note: Colours may vary in shade as there are many shades of blues, blacks, pinks, browns and especially white.
    18. Please ensure when purchasing an item from Memflex, that if you require any information regarding sizes and dimensions, you ask before placing your order. If you wish to return any items that are delivered that do not fit your requirements, there will be a returns fee of £49 payable to cover delivery/collection and administration costs.

one hundred and twenty night trial.

If you are asking for a refund because you have cancelled the Contract under the one hundred and twenty night trial period either by email or writing we do stipulate that the mattress is trialed for a minimum of ninety days for your body to get used to the new mattress.,
When the item arrives back in our warehouse, it will be checked by our staff, who will notify us of the receipt. They will inspect the mattress for any damage and make sure all parts of the order have been returned.

    1. We will process the refund due to you as soon as possible and inline with your bank processing time frame and, in any case, within 30 days of the day you have returned the goods.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
    3. If we suspect you are returning the mattress to manipulate or abuse the pricing or 120 night trial offer or otherwise, we can void the 120 night trial policy on your purchase and refuse your refund. It is not our responsibility to keep track of your 120 night trial dates and we will not be held responsible for any return requests not being reported within the correct time frame. It is the customer’s responsibility to contact Memflex within the correct time frame allowed to request a return.
    4. Unwanted goods/wrongly ordered:
      1. Goods will be collected at a charge of £49 per order. If you require an exchange there will also be a redelivery charge of £39. Goods must be returned in good condition as they arrived in, in order to be collected. Please note:
        The items will not be collected if they are not safely or sufficiently packed.
    5. Damaged or Faulty goods:
      1. Damages must be reported within 24hrs – 48hrs of receipt of goods. In all cases goods must be repackaged sufficiently in order to collect or exchange. Please check all packages before signing “received in good condition”. If any packages have any damage to them, please sign as “damaged” and refuse the delivery.
      2. Please contact us to arrange collection. This form must be placed in an envelope and taped securely to the outside of one of the boxes.
    6. Returns Procedure:
      1. Returned items must be sent accompanied by this form fully completed to the address shown in 1.1. Memflex Returns Form
    1. Please note all after sales queries regarding any issues relating to damage/defects of items received, must be put in writing either by post or email.
    2. If a product is damaged, in order to identify the damaged part correctly, we will request images of the damage and packaging in order to resolve the situation quickly and efficiently.
    3. If it is deemed that the damage is due to misuse, we will not be deemed liable to replace/repair the damaged item.
    1. SIZES – Please note the following sizes – 3ft/090cm = Single, 4ft/120cm = Small Double, 4’6/135cm = Double, 5ft/150cm = King size (sometimes known as Queen Size), 6ft/180cm = Super king.
    2. Special Sizes – Please note that any orders for special sizes or 6ft goods, we will require a special size order form to be signed and returned before any goods can be dispatched. We require this form to be signed to ensure that the customer has taken all measures to ensure the goods will fit in the property.
    3. If upon delivery the goods you have ordered are unable to fit in your property or upstairs, unfortunately Memflex cannot be deemed liable, and a cancellation/delivery fee of £49 will apply. Please ensure that measurements and precautions are taken prior to placing your order, to ensure that the product can be successfully delivered.
    1. We warrant to you that Goods purchased from us through our site are of satisfactory quality and reasonably fit for the purpose for which Goods of the kind are commonly supplied.
    2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
    3. This does not include or limit in any way our liability:
      1. For death or personal injury caused by our negligence;
      2. Under section 2(3) of the Consumer Protection Act 1987;
      3. For fraud or fraudulent misrepresentation; or
      4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
      1. .
    1. We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately, if you:
      1. Have a bankruptcy order made against you or make an arrangement or composition with your creditors;
      2. Convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
      3. Have a receiver and / or administrator or administrative receiver appointed;
      4. Pass a resolution of is served with a petition for the winding up of or for the granting of an administration order in respect of you;
      5. Have proceedings issued against you in relation to your insolvency or potential insolvency;
      6. Suffer or allow any execution to be levied on your property or obtained against you;
      7. Fail to observe or perform any of your obligations under the Contract or any other contract between us and yourself;
      8. Are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
      9. Cease to trade; or Encumber or in any way charge any of the Goods.
      10. If we find that any transactions have been placed fraudulently.
    1. Applicable laws require that some of the information or communications we send to you should be in writing/email. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
    1. All notices given by you to us must be given to Memflex either by email or post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
    1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control
      (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of roads, railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.
    1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
    4. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
    1. We have the right to revise and amend these terms and conditions from time to time.
    2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
    1. We own the copyright in and operate this website. Any photographs displayed on our website have been reproduced by us with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit or distribute any material from this website in any way without our express written permission. All trade marks, service marks and trade names are our property (or are used with the permission of the trademark owner). Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
    1. We are registered as Data Controller in accordance with the terms of the Data Protection Act 1998.
    2. You may visit this website and access the public information while remaining anonymous and not revealing any personal information.
    3. We may record details of the domains from which users visit this site and analyse the data to assess trends, statistics and customer’s needs. Information and data may be automatically collected through cookies. Users should familiarise themselves with the operation of cookies. Most browsers are initially set up to accept cookies. If you prefer you can set yours to refuse cookies.
    4. If you wish to make an online purchase from us, then you will be required to provide certain personal information as a prerequisite of being able to place an order. We will only ask you for as much information as we need to process your order and perform the Contract. That information will be:
      1. Retained by us for as long as it is needed to perform the Contract; and
      2. Kept secure in accordance with the requirements of the Data Protection Act 1998.
      3. We shall not transfer any of your information outside of the European Economic Union.
    5. You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
    6. At the time of placing your Order you give your consent to us to contact you by electronic mail in relation to the supply of the Goods.
    7. When placing an order you have the opportunity to specifically allow us to provide you with details of products which we consider to be of interest to you by ticking a corresponding box. If you do not give your consent, then we will not send you any such information. If at ant time you wish to withdraw your consent, you should notify us immediately in writing.
    8. In accordance with our security policy, we will use all reasonable endeavours to ensure that:
      1. Our ordering system is on a secure server and is encrypted to prevent any security breach;
      2. Any information you send to us (personal information or credit card details) is kept secure and cannot be intercepted by a third party; and
      3. Any equipment at our business address is kept secure to avoid any tampering or unauthorised use of your information.
    1. Contracts for the purchase of Goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
    1. In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with our payment processor, to confirm your identity.
    2. Our payment merchant service will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions.
    3. In summary we are committed to protecting your privacy. We use the information we collect on the site to make shopping at Memflex.com possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others.