Terms & Conditions
Last updated: August 2025
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Elm Sales Limited website (the "Service") operated by us.
1. ACCEPTANCE OF TERMS
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. COMPANY INFORMATION
Company Name: Elm Sales Limited
Registered Address: The Coachworks, Premier Business Park, Darwen, BB3 2DP, United Kingdom
Business Type: UK Limited Company
Co Reg No: 16590887
3. PRODUCTS AND SERVICES
Product Description
We manufacture and sell Airflow Pillows designed with breathable technology for temperature regulation during sleep. Our products include:
- Standard Airflow Pillow: (Ideal for average builds or those who prefer a more compact fit. Best suited for people who typically sleep with 1–2 standard pillows)
- Grande Airflow Pillow: (Perfect for broader shoulders or larger builds, offering extra height and support for optimal airflow. Designed for those who usually sleep with two large pillows or more)
- Replacement covers available separately at £20
Product Disclaimer
Our products are not classified as medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition. While designed using breathable, hygienic materials, including a metal support bar, PU Fire Retardant foam padding, and Oeko-Tex mesh, the product is sold as an aid for overheating while sleeping only.
Safety Notice: In the rare event that the metal support bar becomes fully exposed or is no longer adequately covered by the PU FR foam padding, discontinue use immediately and contact us at info@elmsales.com.
We are not liable for any injuries caused by continued use in this condition.
4. AGE RESTRICTIONS
Our products are not recommended for children under 12 or individuals with specific medical needs requiring a clinically approved head support device. By purchasing, you confirm you meet these age requirements or are purchasing on behalf of someone who does.
5. ORDERING AND PAYMENT
Order Acceptance
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion.
Payment Methods
We accept:
- PayPal
- Debit/Credit Cards
Pricing
All prices are displayed in British Pounds (GBP) and include VAT where applicable. Prices are subject to change without notice.
6. SHIPPING AND DELIVERY
Delivery Area
We currently only ship within the United Kingdom.
Delivery Times
- Processing: 1-2 business days
- UK mainland delivery: 1-2 working days
Shipping Costs
- Standard UK delivery: £7.80
Risk of Loss
Risk of loss and title for products purchased pass to you upon delivery to the carrier.
7. RETURNS AND REFUNDS
Return Policy
We accept returns within 14 days of receipt in accordance with the Consumer Contracts Regulations 2013. Please be aware as stated due to hygiene we cannot refund the price of the cover £15
Hygiene Policy
Due to the intimate nature of the mesh head cover and its direct contact with the user, we cannot accept returns of this component if it has been opened or used, in line with UK consumer law exemptions for hygiene-sensitive products. Only the frame component is eligible for return.
Return Process
- Contact us within 14 days of receipt
- Return items in unused condition with original packaging
- Customer covers return shipping costs
- £15 deduction for the cover will be deducted from refund total
Refund Processing
Refunds will be processed within 14 days of receiving the returned item to the original payment method.
8. PRODUCT WARRANTY
Warranty Period
We warrant our products against manufacturing defects for 30 days from purchase date.
Warranty Exclusions
This warranty does not cover:
- Normal wear and tear
- Damage from misuse or improper care
- Damage from failure to follow care instructions
- Products that have been modified or repaired by unauthorized parties
9. LIMITATION OF LIABILITY
General Limitations
To the maximum extent permitted by law, Elm Sales Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
Medical Disclaimer
Always consult with a medical professional if you are experiencing persistent sleep issues, overheating, or health related symptoms. Our products are not a substitute for professional medical advice.
10. INTELLECTUAL PROPERTY
All content on this website, including text, graphics, logos, images, and software, is the property of Elm Sales Limited and is protected by UK and international copyright laws.
11. PRIVACY POLICY
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
12. FORCE MAJEURE
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental actions.
13. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
14. CONSUMER RIGHTS
Nothing in these Terms affects your statutory rights as a consumer under UK law, including but not limited to:
- Consumer Rights Act 2015
- Consumer Contracts Regulations 2013
- Consumer Protection from Unfair Trading Regulations 2008
15. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the website. Your continued use of the Service constitutes acceptance of the modified Terms.
16. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. CONTACT INFORMATION
For questions about these Terms and Conditions, please contact us at:
Elm Sales Limited
The Coachworks
Premier Business Park
Darwen, BB3 2DP
United Kingdom
Co Reg No: 16590887
Email: info@elmsales.com
18. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Elm Sales Limited regarding the use of the Service and supersede all prior agreements and understandings.
By using our website and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Privacy Policy
Last updated: August 2025
Elm Sales Limited ("we", "our", or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and purchase our products.
1. COMPANY INFORMATION
Data Controller: Elm Sales Limited
Registered Address: The Coachworks, Premier Business Park, Darwen, BB3 2DP, United Kingdom
Contact Email: info@elmsales.com
2. INFORMATION WE COLLECT
Personal Information You Provide
When you visit our website or make a purchase, we may collect:
- Contact Information: Name, email address, phone number, postal address
- Payment Information: Billing address, payment method details (processed securely through third-party payment processors)
- Account Information: Username, password (if you create an account)
- Communication Data: Information you provide when contacting us, including customer service inquiries
Information Automatically Collected
- Device Information: IP address, browser type, operating system, device identifiers
- Usage Data: Pages visited, time spent on site, referring websites, search terms
- Cookies and Tracking Technologies: See our Cookie Policy section below
Health-Related Information
We may collect information about sleep-related concerns (such as night sweats, menopause symptoms) that you voluntarily provide for product recommendations. This information is used solely to better serve your needs and is treated with the highest level of confidentiality.
3. HOW WE USE YOUR INFORMATION
We use your information for the following purposes:
Order Processing and Customer Service
- Process and fulfill your orders
- Send order confirmations and shipping notifications
- Handle returns and exchanges
- Provide customer support
- Communicate about your account or transactions
Marketing and Communications
- Send promotional emails about new products and offers (with your consent)
- Conduct surveys and gather feedback
- Personalize your shopping experience
Business Operations
- Improve our website and services
- Analyze website usage and trends
- Prevent fraud and enhance security
- Comply with legal obligations
Legal Basis for Processing (UK GDPR)
We process your personal data based on:
- Contract performance: To fulfill your orders and provide services
- Legitimate interests: To improve our services and prevent fraud
- Consent: For marketing communications (you may withdraw consent at any time)
- Legal obligation: To comply with applicable laws and regulations
4. SHARING YOUR INFORMATION
We do not sell your personal information. We may share your information with:
Service Providers
- Payment Processors: Secure third-party providers (PayPal, Stripe, etc.)
- Shipping Companies: For order delivery (Royal Mail, courier services)
- Email Service Providers: For marketing communications (if consented)
- Website Analytics: Google Analytics (anonymized data)
Legal Requirements
We may disclose your information if required by law, court order, or to:
- Protect our rights and property
- Investigate fraud or security issues
- Comply with legal processes
Business Transfers
In the event of a merger, acquisition, or sale of assets, your information may be transferred to the new entity.
5. DATA RETENTION
We retain your personal information for as long as necessary to:
- Fulfill the purposes outlined in this policy
- Comply with legal obligations (typically 6-7 years for financial records)
- Resolve disputes and enforce agreements
Specific retention periods:
- Customer accounts: Until deletion requested or 3 years of inactivity
- Order information: 7 years (for tax and legal compliance)
- Marketing communications: Until you unsubscribe or object
- Website analytics: 26 months (Google Analytics default)
6. YOUR RIGHTS (UK GDPR)
Under UK data protection law, you have the right to:
Access and Portability
- Request a copy of your personal data
- Receive your data in a portable format
Correction and Deletion
- Correct inaccurate personal data
- Request deletion of your personal data (subject to legal requirements)
Processing Rights
- Object to processing based on legitimate interests
- Restrict processing in certain circumstances
- Withdraw consent for marketing communications
Exercising Your Rights
To exercise these rights, contact us at info@elmsales.com. We will respond within one month of receiving your request.
7. COOKIES POLICY
What Are Cookies
Cookies are small text files stored on your device when you visit our website.
Types of Cookies We Use
- Essential Cookies: Necessary for website functionality (shopping cart, checkout)
- Analytics Cookies: Help us understand website usage (Google Analytics)
- Marketing Cookies: For advertising and remarketing (with consent)
- Preference Cookies: Remember your settings and preferences
Managing Cookies
You can control cookies through your browser settings. However, disabling essential cookies may affect website functionality.
8. THIRD-PARTY SERVICES
Payment Processors
We use secure third-party payment processors who have their own privacy policies:
- PayPal
- Stripe
Analytics Services
- Google Analytics: We use Google Analytics to analyze website traffic. Google's privacy policy applies to this data.
Email Marketing
- If you subscribe to our mailing list, your email is processed according to their privacy policy.
9. DATA SECURITY
We implement appropriate technical and organizational measures to protect your personal information:
- SSL encryption for data transmission
- Secure payment processing
- Regular security assessments
- Limited access to personal data on a need-to-know basis
- Staff training on data protection
However, no method of transmission over the internet is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
10. INTERNATIONAL TRANSFERS
Your personal data is primarily processed within the UK. If we transfer data outside the UK, we ensure appropriate safeguards are in place, such as:
- Adequacy decisions by the UK government
- Standard contractual clauses
- Certification schemes
11. CHILDREN'S PRIVACY
Our services are not intended for children under 16. We do not knowingly collect personal information from children under 16. If you believe we have collected information from a child under 16, please contact us immediately.
12. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. When we make changes, we will:
- Post the updated policy on our website
- Notify you of significant changes via email (if you have provided consent)
Your continued use of our services after changes constitute acceptance of the updated policy.
13. COMPLAINTS
If you have concerns about how we handle your personal data, you can:
- Contact us directly at info@elmsales.com
- Lodge a complaint with the UK Information Commissioner's Office (ICO):
14. CONTACT US
For any questions about this Privacy Policy or our data practices, please contact us:
Elm Sales Limited
The Coachworks
Premier Business Park
Darwen, BB3 2DP
United Kingdom
Email: info@elmsales.com
By using our website and services, you acknowledge that you have read and understood this Privacy Policy and consent to the collection and use of your information as described herein.