1. Application of these Terms and Conditions

1.1 These are the terms and conditions which apply when we supply product(s) to you. The contract is with Emma Sleep Hong Kong Limited, 42/F Central Plaza, 18 Harbour Road, Wanchai, Hong Kong, established in Hong Kong with commercial register: 72597413-111-01-21-6 (hereafter referred to as "us").

1.2 These terms and conditions apply to all orders placed via our Internet shop (https://www.emma-mattress.hk) by you acting as a consumer. "Consumer" means a person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. Where you place an order via our Internet shop and are not acting as a consumer these terms and conditions may vary in certain respects. Where there is such a variation this is indicated in these terms and conditions.

1.3 You should read these terms and conditions carefully before submitting an order to us. These terms tell you how we will provide product(s), how you or us may change or end the contract and what to do if there is a problem with your order, and other important information.

2. How the contract is formed

2.1 Our offer of goods on the Internet constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our online shop.

2.2 When purchasing goods via the online shop, the goods you intend to purchase are placed in the virtual “shopping cart”. You can view and access your virtual “shopping cart” at any time and on each page of the website and can make changes to your existing “shopping cart.” Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase you are afforded the opportunity to check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.

2.3 You may return to the Internet site before placing your order by clicking on the “back” button found in the Internet browser, after checking your information and/or close the internet browser to cancel the order process.

2.4 Our acceptance of your order will take place when we email you to accept your order. At this point a contract will come into existence between you and us.

2.5 If we are unable to accept your offer, we will inform you of this and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price or description of the product(s), or because we are unable to meet a delivery deadline which you have specified. If you would like to place larger order as a company, please check the availability beforehand.

2.6 It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’s correct price at your order date is less that our stated price at your order date, we will charge the lower amount. If the product(s)’s correct price at your date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

3. Prices, discount, and shipping costs

3.1 Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes and/or duties (e.g. duties) be required by the buyer for payment, to the responsible customs and tax authorities.

3.2 Bundle deals cannot be combined with other discounts.

3.3 Emma reserves all right to any amendment, cancellation and final decision of discounts.

3.4 You bear no responsibility for the shipping costs.

4. Delivery

4.1 We will deliver the product(s) to you within 40 days after the day on which we accept your order, unless other specifications.

4.2 We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s)s you have paid for but not received.

4.3 In case of the non-availability of goods a possible advance payment will be refunded without delay.

4.4 The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.

4.5 If you are not at the delivery address or if no one is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot. We work with external logistic partners for product delivery, and take no responsibility for delays or other issues from their behalf. We try our best to assist you in the delivery process.

4.6 If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and reserve the right to charge you for storage costs and any further delivery costs, with an amount no less than $450 HKD. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.

5. Delivery Area

Unfortunately we do not accept orders from or deliver to addresses outside of the Hong Kong Special Administrative Region.

6. Our Product(s)

Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only.

7. Reservation of title

7.1 We retain ownership of the purchased item until the invoice has been paid in full by you.

7.2 If you are in arrears for any payment obligations, all outstanding sums are immediately due.

8. Our goodwill guarantee

8.1 These terms reflect the goodwill guarantee offered by us to our customers located in Hong Kong. This goodwill guarantee assures a 100 day possible return period, and that we pay the return costs.

8.2 To exercise the right of cancellation under our goodwill guarantee, you must contact us, with Emma Sleep Hong Kong Limited, 42/F Central Plaza, 18 Harbour Road, Wanchai, Hong Kong, phone: +852 3008 3035, E-Mail: [email protected] with a clear explanation (for example, by e-mail) about your decision to cancel this contract under the goodwill guarantee. You can also use the sample revocation form at Clause 8.7. In order to benefit from the goodwill guarantee, it is necessary for you to send the notification of the exercise of the right of cancellation before the end of the 100 day goodwill guarantee period.

8.3 If you cancel this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.

8.4 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. To clarify, this only applies when you carelessly damage the product not for using it appropriately and for its purpose. Damages by external factors (e.g. damages during delivery) will not reduce the refund price for you.

8.5 The customer must unbox and unwrap the mattress within four weeks of the delivery date in order for the mattress to inflate to its entirety. If the customer does not comply with the recommendation within the prescribed time frame, Emma reserves the right not to compensate the customer for any defect in the product caused by improper storage or to send the customer a new product to replace the original one. The purchased product must be inflated within four weeks commencing the date of delivery in order to be eligible for return under the 100 Night Trial Policy.

8.6 100-night-trial is only applicable to Emma Original Mattress, Emma Hybrid Mattress and Emma Diamond Mattress.

8.7 100-night-trial is NOT applicable to Emma Diamond Topper, Emma One and accessories.

8.8 Please refer to https://www.emma-mattress.hk/100-night-trial/ for the most updated terms and conditions of 100 night trial period.

8.10 The above terms are only applicable to the specified mattress products purchased online. Customers who purchase the above specified mattress products through offline retailers can also enjoy the 100-day trial, but the terms of refund and return depends on individual retailers .

9. Problems with the product(s)

9.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions.

9.2 If you wish to exercise your legal rights to reject products you must either return them to us (or allow us to collect them from you). We will pay the costs of postage or collection.

10. Returning product(s) under this contract

10.1 If you end this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. Please call customer services on +852 5808 0220 or email us at [email protected] to arrange collection.

11. Contract language, storage of the contract text

This contract is offered exclusively in English. The contract text (order data and general terms and conditions) is filed and stored by us. The storage is, however, only temporary and is not accessible to you. If you wish to file and store these terms and conditions you will have to do so separately.

12. Governing Law

These terms and conditions, and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

13. Limitation of liability

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s)s.

13.3 We are not liable for business losses. We only supply the product(s)s for domestic and private use. If you use the product(s)s for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Terms of payment and delivery

14.1 You agree that you will receive invoices and credit notes exclusively in electronic form.

14.2 We offer the following methods of payment: credit card (MasterCard and VisaCard) and PayPal. For every order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and invoice address, the value of the goods in the order or due to other objective criteria. We are entitled to refer to other payment methods for each order. Credit card statements are carried out by Stripe, Inc. Please note that your credit card company may take surcharge for the transfer.

14.3 In the case of payment in advance we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.

14.4 Consumers are asked to check the goods immediately for completeness, obvious defects and transport damage and to notify complaints to the seller and the freight forwarder as soon as possible. Your warranty claims remain unaffected.

15. Privacy Policy

Your personal details will be treated by us in accordance with applicable data protection regulations and according to our Privacy Policy which contains full details of the way in which we store and use your personal information.

III. Clauses 16 to 18 are Supplementary terms which will apply if you are not a consumer

16. Transfer of risk

The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.

17. Warranty

17.1 The warranty period is 15 year from delivery of the goods for Emma Original, Emma Original Hybrid and Emma Black Diamond. Warranty period is 5 year from delivery of the goods for Emma One. This does not apply to damages resulting from injury to life, body or health, which is attributable to the seller and not to gross negligence or willful deliberate damage or misrepresentation by us.

17.2 Only our details and the product(s) description of the product(s) are deemed as agreed upon; but not other advertising, public promises and statements by us.

17.3 If you are not a consumer, you are obliged to examine the goods immediately and perform due diligence on quality and quantity deviations and to notify obvious defects within 7 days from receipt of the goods to us in writing. The same applies to any defects you find later.

17.4 The warranty provided under this clause will not apply where you are not acting as a consumer and have not examined the product(s) and notified us of any defects.

17.5 We will fulfill the warranty in the case of defective goods at our option by repair or replacement delivery. If we fail to rectify the fault two times, you may demand a reduction or withdraw from the contract.

17.6 In the case of subsequent improvement, the buyer shall bear the increased costs resulting from the fact that the goods have been transported to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

17.7 In case you are entitled to the warranty service under conditions but the model purchased is out of production, we will supplement you with another model of equal or higher price when applicable.

17.8 Warranty is not applicable on accessories.

17.9 Please refer to https://www.emma-mattress.hk/en/15-year-guarantee/ for the details and conditions of warranty service.

18. Extended retention of title

18.1 We retain ownership of the goods where you are not a consumer until the complete settlement of all claims arising from the current business relationship. The corresponding Security rights are transferable to third parties. Prior to the transfer of ownership of the reserved goods, the buyer is not entitled to pledge the goods or to surrender them for security.

18.2 Where you are not acting as a consumer you are entitled to resell the goods in the ordinary course of business. In this case, the purchaser shall already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the amount assignment. The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim itself if the buyer does not properly fulfill his payment obligations. (3) In case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. (4) The seller undertakes releasing the collateral which is due to him at the buyer's request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

19. Friends advertise, friends referral program

19.1 Refer-a-friend

In order to be eligible for the Refer-A-Friend program, you have to be an Emma customer and have an Emma customer account. To refer a friend, go to your customer account, click on the “My referred friends“ tab and share your personal discount code on personal social media account. It is forbidden to made the code public on the internet or appears on any search engine. We reserve the right to cancel the eligibility of participation and rebate should a violation of rule is observed. The voucher code is only valid on purchases made on www.emma-mattress.hk. The minimum spend is 3000 HKD. The voucher code can be used in conjunction with other offers and promotions on Emma Official website. The voucher code CANNOT be used in conjunction with other offers and promotions from third party partners. Starting from 1st March 2022, You are entitled to the 300 HKD cash reward if the referred friend keeps their Emma products beyond their 100-night trial period. To receive the 300 HKD cash reward, contact our customer service team by sending an email to [email protected] or calling 58080220. Restrictions might apply.

19.2 Conditions

We reserve the right to invalidate the voucher if it is made public on the internet or appears on any search engine. In this case the referrer also loses their claim to the 300 HKD cash reward. Starting from 31st August, the number of cash reward pay-outs is limited to three. We reserve the right to verify if the referrer and the referred know each other by requesting the name, address or payment method of the referrer from the referred. If the relationship can not be proved by providing valid information, the claim to the 300 HKD will be lost to both parties. The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the 300 HKD cash reward is lost. The claim to the cash reward is also lost if the order is returned. The referrer and the referred cannot be the same person. People living in the same household or immediate family members cannot be referred. Customers are prohibited from using fake or multiple email addresses or customer accounts and cannot use fictious identities to take part in the Refer-A-Friend program. We reserve the right to exclude customers from participating in this promotion, if they do not meet the necessary requirements or violate the rules in any other way. We also reserve the right to cancel the Refer-A-Friend program without further notice. Customer purchase on emma-mattress.hk are eligible for the program. Customers purchase with retailers and HKTVmall are not eligible for the program. For further questions about the Refer-A-Friend program please contact our customer service by sending an email to [email protected] or calling 58080220.

20. Warranty

20.1 On the Emma mattress we give a 15-year guarantee on the dimensional stability and durability of the core materials. This warranty is valid from receipt of the Emma mattress, within the Hong Kong Special Administrative Region, the EU, and Switzerland, and is returned to Emma Sleep Hong Kong Limited by returning the goods to Emma Sleep Hong Kong Limited, 42/F Central Plaza, 18 Harbour Road, Wanchai, Hong Kong, or after picking up the goods by our third-party. The legal revocation and warranty rights remain unchanged. In order to ensure a smooth handling of the guarantee claim, the customer is asked to provide appropriate photo material of the affected product(s) and slat grate. This warranty is: • Cracks, dings or damage to the foam, which have arisen despite proper use and proper handling. • In case of product(s)ion damage at the zipper. This warranty does not apply: • For personal comfort preferences • In the case of damage caused, inter alia, but not exclusively by cuts, burns, cracks, liquids or stains. • Replacement of any non-damaged parts of the Emma mattress. • Any Emma mattress not supplied by an official dealer. • Any mattress that has not been sold as a new product(s).

21. Customer service

Our customer service for questions and complaints is available from 9am to 6pm from Monday to Sunday, subject to changes during public holidays. Phone: +852 5808 0220. E-Mail: [email protected].

22. Other Important Terms

22.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

22.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.