Online Terms & Conditions
- OUR TERMS AND CONDITIONS
1.1. These terms and conditions apply between you and BACK TO SLEEP BALWYN PTY LTD ACN 166 295 683 T/AS BACK TO SLEEP BALWYN ABN: 93 166 295 683 whose address is at 313-315 Whitehorse Road, Balwyn Vic 3103 (referred to herein as “back to sleep”; “bts” or “us”).
1.2. These terms and conditions apply between “bts” and you. The following document contains the Terms and Conditions that apply to the sale and supply of goods by us to you and form the terms of anagreement between you and “bts”. They include important sales and products information relating to our goods and form the basis of any agreement between us should you wish to proceed with an order.
1.3. To protect your own interests, please read these terms and conditions carefully and make sure you understand them before proceeding with an order. If you are uncertain as to your rights under them or you want an explanation about them, please speak to our staff member in store or contact our customer services department on 1300 854 557 or by email to [email protected] If you do not agree with these terms and conditions, do not proceed with your order.
- AUSTRALIAN SALES AND DELIVERY ONLY
2.1. We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.
2.2. You must provide us with all the necessary information relating to the supply of the goods at the time of placing an order to enable us to perform the contract in accordance with these conditions.
2.3. While we endeavour to ensure made-to-order product/s deliveries are without incident, it is required prior to delivery of your product/s that access from the front door to the nominated room is without obstruction. It is your responsibility to measure access areas and the proposed location for the product/s prior to ordering. You must alert “bts”, prior to delivery, of any concerns with access.
2.4. Prior to delivery please ensure:
2.4.1. the room in which your new product/s are to be set-up, is clear of existing product/s
2.4.2. there will be someone present to provide access at the agreed delivery day & time. If for any reason delivery is unable to be completed due to access restrictions, etc. and these have not been communicated to “bts”, “bts” takes no responsibility and will not take back stock or provide a refund based on items unable to be delivered, due to access issues. You are also responsible for any additional charges incurred because of a failed delivery due to access issues or for extra costs incurred by us for access. “bts” are not responsible for any damage caused to premises during delivery.
2.4.3. the correct delivery address has been provided to us and should this not be the case, you will be responsible for any additional charges incurred as a result of delivery to and from the incorrect address along with re-delivery charges.
2.5. Free Metro Delivery is offered on made-to-order product/s only (Metro area is within 50kms of CBD). Delivery fees are applicable outside the aforementioned area.
2.6. Due to Occupational Health & Safety (OH&S), mattress and base removal is not a service offered by “bts”.
- PAYMENT METHODS AND PROCESSING
3.1. We accept cash, cheque, EFTPOS, direct debit, Visa and MasterCard.
3.2. If we are unable to successfully process your payment for your order or if it is cancelled or rejected by a financial institution, then we may cancel your order.
3.3. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
3.4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
3.5. A tax invoice will be provided to you upon payment and is your proof of purchase.
3.6. Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.
3.7. Made to order products will not be produced prior to receiving cleared funds. Additionally, delivery of goods will not be made until we receive payment in full.
4.1. We welcome your comments regarding our services, however, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, ‘Comments’) sent to us shall be and remain the exclusive property of “bts” which you expressly agree that we may use in any way in accordance with these terms and conditions.
4.2. Your submission of any such ‘comments’ shall constitute an assignment to “bts” of all rights, titles and interests in all copyrights and other intellectual property rights. “bts” will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
4.3. We ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
- DESCRIPTION OF GOODS
5.1. All product descriptions provided by us are intended merely to present a general idea of our goods and services. If you require any further details, please speak to a staff member or contact our Customer Services Department on 1300 854 557 or email us at [email protected], providing details of the additional information needed.
5.2. Any minor typographical, clerical or other error made on our invoice to you, in our price list or any brochures or any documentation issued by us shall be subject to correction without any liability on our part.
5.3. It is your responsibility to ensure that the goods match your requirements. You must ensure that prior to purchase you have made all relevant measurements to ensure that the goods will fit in their intended location and that they can be safely transported to and from that location. “bts” will not in any way be held responsible shall your requirements differ from the Product.
5.4. “bts” and their staff endeavour to accurately provide answers to questions about any goods you propose to purchase. “bts” however note, product choice includes personal preference. We therefore highly recommend that you try the product/s before purchasing as comfort and feel related issues will not constitute valid reasons for you to cancel your order or to seek a return or refund or to make any other claim against “bts”.
5.5. Please ensure that prior to your purchase you have viewed, examined and felt the products which you propose to purchase in terms of feel, colour, size and other personal requirements. By agreeing to these terms and conditions you agree and acknowledge that you have made your own enquiries and have taken the opportunity to examine in person at ”bts’ or online at www.backtosleep.com.au, our samples in order to determine your preferred choices in relation to your proposed purchase “bts” will, therefore, not in any way be held responsible shall your requirements differ from the Product, so it is highly recommended that you choose carefully prior to purchasing.
6.1. The Goods are securely packaged for delivery, to ensure they reach you in excellent condition. Subject to the conditions set out below, we warrant that the goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for the period stipulated on the individual product’s warranty terms.
6.2. A defect means faulty workmanship or materials. Comfort related issues are not a defect or considered a warranty breach.
6.3. Statutory conditions and warranties apply. The benefits provided to you under any applicable manufacturer’s warranty are in addition to other rights and remedies available to you under the law. Nothing in these Terms and Conditions, or on individual product warranties, excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the consumer rights and guarantees at http://www.accc.gov.au/consumers/consumer-rights-guarantees
6.4. ”bts” shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. You should read the terms of the relevant Product warranty prior to making your purchase. If you require a copy of the warranty, please ask us and we shall endeavour to forward to you a copy. “bts” abides by the terms and conditions set-out in the manufacturer’s warranty guidelines. The terms and conditions set out in the warranty or guarantee is the responsibility of the relevant Product supplier and not “bts”. For further information about any products warranty guidelines please email [email protected]
6.5. Subject to these terms and conditions, and any requirements of law, we exclude all implied terms and warranties (which can be excluded) whether statutory or otherwise, relating to the subject matter of these terms and conditions.
6.6. We will bear any reasonable, necessary costs incurred in replacing or repairing goods that are faulty or not as described.
6.7. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.8. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
6.9. Where any law implies into this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement.
6.10. However, our liability for breach of any warranty or statutory consumer guarantee will be, if permitted by law, limited to one of the following remedies (at our option):
6.10.1. In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
6.11. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
6.12. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
6.13. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- YOUR RIGHT TO CANCEL THE CONTRACT
7.1. Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at “bts” or online at www.backtosleep.com.au, whichever is applicable to you, before finalising your purchase of the Products. If you cancel your order where:
7.1.1. the Products are floor stock; clearance stock items; or
7.1.2. the manufacture of your Products has commenced; or
7.1.3. you do not accept delivery of your Products; or
7.1.4. have placed a deposit requiring “bts” to hold stock items onsite; or
7.1.5. have placed a deposit and some of the products have been partially dispatched
7.2. You agree to pay a cancellation fee up to the entire purchase price of the Products plus all costs and losses incurred by “bts” associated with storage and handling fees, at “bts” discretion. “bts” accepts no returns, refunds or exchanges on floor stock and clearance stock.
7.3. “bts” will not provide you with a refund or exchange simply because you have changed your mind, or the Products did not meet your expectations. “bts” will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by “bts”. Unless Products are faulty, we are unable to refund, exchange or credit your account. “bts” will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.
7.4. You will be required to pay an amount to “bts” which in “bts”’s reasonable view reflects the loss that “bts” will suffer because of the cancellation (including but not limited to storage fees and any mark down products). “bts” shall set off this amount against any moneys already paid to us by the customer for this product and refund the balance. For any cancellation charges over and above what has already been paid to “bts”, the customer must pay such amounts to “bts” within (7) business days of “bts”’s request to pay.
- COMMUNICATION AND PRIVACY
8.1. As a condition of purchase from us we reserve the right to email and/or sms your product alerts and special offers that we believe may be of interest to you.
8.2. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert notifications, we will disable that functionality for your account.
8.3. Communications will contain an option to opt out.
8.4. We assure you that once you have opted out, we will immediately remove your name from the communication list and will no longer send you special offers and alerts, unless you choose to opt back in at a later date.
- ENFORCEABILITY AND JURISDICTION
9.1. Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between “bts” and you for the purchase of the Products. If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.
9.2. Our business is operated and controlled from Australia and these terms and conditions and any agreement for purchase of the goods are governed by and construed in accordance with the laws of Victoria Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
- RISK OF LOSS AND TITLE IN PRODUCTS
10.1. Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you from “bts” showroom or our warehouse facilities (if applicable).
10.2. “bts” shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of “bts”, and “bts” shall be entitled to a reasonable extension of time for the performance of such obligations.
10.3. Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.
11.1. If you have any comments or questions regarding the Products and services, please speak to one of our customer service representatives. Alternatively email [email protected] or contact headoffice on 1300 854 557. Please also visit our website www.backtosleep.com.au.