Terms of Website Use and Terms of Sale

The Site is designed to allow you to gain information about Zoma, its products and services, as well as to purchase products directly from Zoma.

Zoma designs products to help athletes sleep better. Backed by years of research, development and design, we’ve crafted the ultimate performance-enhancing solutions.

Your use of the Site is covered by this Agreement and our Privacy Policy. The Privacy Policy deals with how we use your personal data. We recommend reading this before using our Site.

To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before obtaining access to the Site.

From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Zoma may undertake from time to time; or (iii) causes beyond the control of Zoma or which are not reasonably foreseeable by Zoma.

If you wish to order any products made available through the Site, you may be asked to supply certain information in connection with such order, including without limitation your credit or debit card number or other payment account number, your billing address, and your shipping information. Such information will be provided to our third-party payment provider in respect of any order.

By placing an order, you promise that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Any personal information you submit in the context of an order will be treated in accordance with Zoma's privacy policy and you will be asked to confirm that you have read and understood Zoma's privacy policy before an order is made. Verification of information may be required prior to the confirmation or acceptance of an order or completion of any order. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.

When you place an order to purchase a product through the Site, the receipt of your order will be confirmed by email. Your order constitutes an offer to Zoma to purchase a product. Neither confirmation of receipt of your order nor any charge of your credit card or other payment instrument by or on behalf of Zoma means that your order has been accepted. Zoma reserves the right to accept or reject your order at its own discretion.

Zoma uses a third-party logistics provider. Zoma currently only ships orders to addresses in Great Britain and reserves the right to refuse shipment elsewhere. Your order is accepted by Zoma when Zoma sends an email confirmation to you that it has shipped the product to you with carrier tracking information ("Email Confirmation"). The contract between you and Zoma will only be formed when we send you the Email Confirmation.

Product availability and pricing is subject to change prior to our acceptance in an Email Confirmation. Where the product's revised price is less than the price stated on the Site, you will be charged the lower amount. If the product's revised price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of the revised price and will give you the option of continuing to purchase the product at the higher price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled and notify you in writing.

Zoma will inform you by email if a product you ordered is unavailable; if we can't take payment from you; or if we will be unable to ship a product within the estimated shipping dates, in which case you may cancel your order. Upon your cancellation or Zoma's rejection of your order Zoma will refund any payments you may have made within no more than thirty (30) days.

Please note that the images of the products on the Site are for illustrative purposes only and we cannot guarantee that what you see from your phone, tablet, laptop or computer accurately reflects the colour of the products. This means that what you buy (including any product packaging) may vary slightly from those images.

You may contact Zoma's customer service for questions and complaints by email to [email protected] or by phone to 0808 175 6745.

The prices displayed on the Site are quoted in Pound Sterling and will be inclusive of VAT. The prices displayed on the Site do not include applicable shipping and handling charges, which will be displayed during the check-out process and separately before you submit your order. Due to special promotions and sales, items in your shopping cart may have a lower price than the price displayed on the product page when it was first placed in your cart. All prices and other charges are subject to change without notice at any time before you submit your order.

If you are resident in the UK, then you have the right to cancel and return purchases made on our Site within 14 days of the delivery of the product(s) for a full refund for any reason. Please note that this right to cancel and return purchases does not apply to the supply of products made to your specifications or clearly personalised.

To cancel your order, you must inform us that you have decided to cancel. You can email us at [email protected] or contact the Zoma Sales Support Team on the number provided below or by post to the following address: Zoma Sleep, 4th Floor, 18 St. Cross Street, London, EC1N 8UN. Please provide your name, order number, date of order, delivery address and contact details.

If you fail to return the products in a condition which complies with the above obligations, we reserve the right to deduct from the refund an amount to reflect the diminished value of the product(s) up to the full price of the product(s).

Zoma shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel your order. Zoma will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

You can get a refund or exchange if you've bought a product that is faulty or misdescribed and you let us know within 30 days of receiving your order.

Alternatively, if your product is faulty or not as described and a period of more than 30 days has elapsed, then you are entitled to request a replacement or a repair. If your products cannot be repaired or replaced by us then you are entitled to request a refund within six months from the date that you received the product. Products returned in this way should have their original packaging, and we reserve the right to reject refund requests which relate to products which have been damaged by you while being used.

Most of the products sold through the Site come with a Zoma warranty. Details of the warranty applicable to your purchase can be found at https://zomasleep.co.uk/warranty.

Please note that if you are a consumer, such warranty shall leave your statutory rights in relation to products that are faulty or not as described unaffected.

Except as expressly stated in this Agreement, Zoma makes no representations or warranties as to the truth or accuracy of any information or opinions presented on the Site.

This Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with your use of the Site, and that Zoma shall not be liable for any damages of any kind related to your use of the Site.

Nothing contained in this Agreement shall exclude or restrict your rights in relation to the products and services to be supplied under the Agreement where to do so is unlawful pursuant to any mandatory consumer law applicable to you.

Zoma accepts liability for death or personal injury caused by its negligence or that of its employees and agents. Zoma does not seek to exclude liability for fraudulent misrepresentation by it or its employees or agents or for any liability that cannot be limited or excluded by applicable law.

In no event shall Zoma, or any director, officer, employee, licensor, distributor, supplier, agent, reseller or operator of the Site, be liable to you or any third party for any indirect or consequential losses (where consequential losses means loss arising as a side effect of the main loss) which are not a reasonably foreseeable consequence of such main loss or damage (which means that they could not be contemplated by you or Zoma at the time of entering into this Agreement) whatsoever including, but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; or (e) loss of data.

Zoma will note be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.

You agree and represent that you are buying any product from the Site for your own use (or that of a friend or family member's social or domestic use) only, and not for any commercial, business, resale or export purposes.

In order to use certain portions of the Site, you may need to create an account with the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorised by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify Zoma of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorised user of that account.

You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.

We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Updates to Terms of Use” section contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service, you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. No change will affect any order that you have already placed, which will continue to be subject to the terms and conditions applicable when you placed your order.

From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site.

All materials, including without limitation, all company, product and service names, logos, images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are owned by Zoma or others who have given Zoma permission to use their protected intellectual property. Unless otherwise expressly granted herein, no rights, licences, or interest of any kind are granted and Zoma expressly reserves all rights.

The materials on the Site, and the Site as a whole, are intended solely for your personal, non-commercial use. You may not reproduce, copy, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of Zoma or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of Zoma.

The Site may contain content supplied by parties other than Zoma. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Zoma. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.

Zoma is not responsible for the actions or inactions of any users of the Site, including the viability, usefulness, durability, or functionality of any product or product review listed on the Site.

This Agreement is governed by English law. If you're not happy with any of these terms, you and Zoma agree that any disagreement or dispute will take place in the courts of England and Wales (except if you live in Northern Ireland, you can also go to the courts in Northern Ireland or if you live in Scotland, you can also go to the courts in Scotland). The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Zoma shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site.

Zoma may terminate your authorization to use the Site at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice.

For your convenience, Zoma may provide links on the Site to websites that are not operated by Zoma, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that Zoma endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk. Similarly, any links to the Zoma Site from other websites or social-media accounts are not under our control and any such links do not mean that we endorse, approve or sponsor these websites or social media accounts.

There is no agency, partnership, joint venture, attorney-client, employee-employer or franchisor-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.

If you believe any of the content on our Site infringes your copyright or other intellectual property rights, you may send us a notice of alleged infringement. Zoma will process notices of alleged infringement that it receives and will take appropriate actions as required under applicable intellectual property laws. Any notice should be sent to:

Legal, Zoma Sleep
4th Floor
18 St. Cross Street
London, EC1N 8UN

This Agreement was last updated: 30 July 2023