Eve Sleep calls in the administrators: what to know and what to do

Online mattress retailer Eve Sleep has called in administrators due to what its CEO describes as an 'economic tsunami' of shrinking share prices and slow sales.

Read on for the details of what will happen next, what you can do if you've recently bought a product from Eve Sleep, and what your rights are when a company you've bought a product from goes into administration.

Ways to keep your family living costs down, and kids of all ages happy Get our Family newsletter – it's free monthly

Update: 4 November 2022

Eve Sleep's website is now back online, fully operational and taking new orders. The products on offer have not changed from the models Eve offered before its acquisition by Bensons For Beds. 

It's disappointing news for customers though, as according to Eve's administrators, Kroll Advisory, 'The purchasers are not taking on any liabilities from the Company in relation to products sold before the Administration commenced'.

In other words, Bensons are not accepting any liability for products sold by Eve on or before 17 October. Customers who placed an order on or before this date, and which has not been delivered are advised to contact their credit or debit card company to submit a Section 75 or chargeback claim. There is more advice on this at the bottom of this page.

Similarly, Eve Sleep will not be honouring any warranties or returns for items purchased on or before 17 October.

What's happened to Eve Sleep?

In June 2022, Eve Sleep said it was seeking out a buyer or new investor. This was amid a market-wide downturn of home furnishings online sales, with Eve Sleep warning it would miss out on revenue targets for the year. The company said it had received 'a number of indicative offers', but none had progressed past its due diligence process.

On 17 October 2022, its financial position had reached a point where administrators were called in to take control of the company and look for possible ways to save it.

Eve Sleep's CEO Cheryl Calverley said: 'It is heartbreaking to have to acknowledge that the best way to preserve value for creditors, those partners and suppliers that have helped us on this journey, is to now terminate the formal sale process and appoint administrators.'

Hours after appointing these administrators, Eve was acquired by Bensons for Beds, including the brand, website, and intellectual property. Bensons' CEO Nick Collard said: 'Eve Sleep is a brand that we know resonates strongly with key customer groups and we’re looking forward to unlocking its full potential as it takes advantage of our scale and reach.'

At the time of first publishing, Eve's sales website was shut down, and its phone line was switched off.

Bensons have confirmed that they intend to retain Eve Sleep as a standalone brand, and relaunched its website in early November. 

What should I do if I've bought something from Eve?

Eve Sleep has reopened their online store, but under Bensons for Beds' new ownership, they will not be honouring any warranties or returns, and won't deliver any outstanding orders that were placed on or before 17 October 2022. Queries related to these orders should be directed to es@kroll.com

When Eve first went into administration we contacted their administrators, Kroll Advisory, to enquire about how they will approach outstanding orders, refunds, returns and gift cards. We received the following from its media agency:

• Eve is unable to fulfil outstanding orders. Customers are advised to contact their card provider for further advice on submitting chargeback or Section 75 claims.
• Due to its insolvency, Eve is unable to accept returns for unwanted or faulty products.
• Eve has ceased to trade with immediate effect. Customers will be unable to redeem gift cards and are advised to contact their card provider for further advice on submitting chargeback or Section 75 claims.
• Due to its insolvency, Eve is unable to honour any warranty claims. Customers are advised to contact their card provider for further advice on submitting chargeback or Section 75 claims.

With Bensons for Beds acquisition of Eve, there was hope that they would address these issues. Unfortunately, Bensons are not accepting any liability for these affected products. 

What are my rights when a retailer goes into administration?

Administration is tricky to navigate for companies but it can be even more uncertain for customers, with information on your rights hard to come by.

Unfortunately, those rights are limited when a company goes bust, as administrators are technically allowed to stop honouring returns and gift cards. 

If you have an order with Eve Sleep that will now not be fulfilled, or you want to return a defective or unwanted product but are now unable to, you can make a claim with your bank to try and get your money back.

• If you paid by credit card and spent more than £100, you can make a claim with your credit provider under Section 75 of the Consumer Credit Act.
• You can make a chargeback claim with your bank if you paid by debit card.  
• You can make a claim in writing to the administrator about undelivered orders or a return explaining what you're owed and what for, but there are no guarantees that this will secure you a refund.