Online Terms & Conditions
- OUR TERMS AND CONDITIONS
1.1. This website is owned and operated by BACK TO SLEEP BALWYN PTY LTD ACN 166 295 683 T/AS BACK TO SLEEP BALWYN ABN: 93 166 295 683 whose registered office is at 313-315 Whitehorse Road, Balwyn, VIC, 3103 (referred to herein as “back to sleep” or “us”).
1.2. These terms and conditions apply between back to sleep and you. The following document contains the Terms and Conditions that apply to your access and use of our website and the sale and supply of goods by us to you and form the terms of an agreement between you and back to sleep. 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 before proceeding with an order. If you are uncertain as to your rights or you want an explanation, please contact our customer services department on 1300 854 557 or by email to firstname.lastname@example.org. If you do not agree with these terms and conditions, do not proceed with your order or with using this website.
1.4. back to sleep reserves the right to add, delete or change these Terms and Conditions, you should therefore refer back to these terms and conditions from time to time.
1.5. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
- COPYRIGHT / TRADEMARK INFORMATION
2.1. Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on the Site is owned by or licensed to us and all rights are reserved.
2.2. Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
2.3. You must not use any trademarks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
2.4. You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
- MEMBERSHIP REGISTRATION
3.1. Products and services are only available for purchase after you have registered on the website. As part of this registration process, you agree to provide true, accurate, current and complete information about yourself. This information must be kept accurate and up-to-date.
3.2. When you carry out the registration process you will have to enter a specific email address for your username and also password. It is your duty to keep your username and passwords safe at all times, and not disclose them to anyone. Any breach of security or any unauthorised use of your username and password must be notified to us immediately. We are not to in any way be held responsible for any misuse of your account or your username or password and you are solely responsible for its use.
3.3. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. As a registered member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
3.4. Unless otherwise agreed in writing, these conditions shall apply to the exclusion of any other terms and conditions.
3.5. We will treat each order that you place as an offer by you to purchase the goods from us in accordance with these conditions.
3.6. We will acknowledge receipt of your order without undue delay by email. Please note that our acknowledgement of receipt of your order is not our acceptance of your order. No contract shall exist between you and us in relation to the supply of goods until we confirm our acceptance of your order, via a status change email, which we will send separately. At that time the contract for supply of goods shall be formed.
3.7. If, for any reason, we do not accept your order we will advise you immediately and there will be no binding contract between us.
3.8. 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.
- AUSTRALIAN SALES AND DELIVERY ONLY
4.1. 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.
4.2. While we endeavour to ensure mattress and base deliveries are without incident, it is required prior to delivery of your mattress and/or base 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 mattress and or base prior to ordering. You must alert back to sleep, prior to delivery, of any concerns with access. You are also responsible to ensure that there will be someone present to provide access at the agreed delivery time If for any reason delivery is unable to be completed due to access restrictions and these have not been communicated to back to sleep, back to sleep takes no responsibility and will not take back stock or refund based on items unable to be delivered, due to access issues. You are also responsible for any additional charges incurred as a result of a failed delivery due to access issues or for extra costs incurred by us for access.
4.3. It is your responsibility to ensure that the correct delivery address is provided to us. You are responsible for any additional charges incurred if products are delivered at an incorrect location provided by you. back to sleep are not responsible for any damage caused to premises during delivery.
4.4. Free Metro Delivery (within 50kms of CBD). Delivery fees are applicable outside the formentioned area. Installation fees may apply depending on location.
4.5. Due to OH&S, mattress removal is not a service provided by back to sleep.
- PAYMENT METHODS AND PROCESSING
5.1. back to sleep currently accepts Visa and MasterCard.
5.2. Payment processing will not begin until we receive all the information we need to process the order.
5.3. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Tuesday through Saturday, excluding Public Holidays (these may differ depending on specific State or Territory).
5.4. We process credit card payments after you click the ‘Complete Order’ button.
5.5. 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.
5.6. 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.
5.7. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
5.8. For credit card payments, your tax invoice will be sent to you via email at the time the order is processed online.
5.9. A tax invoice is your proof of purchase.
5.10. 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.
5.11. Delivery of goods will not be made until payment of all amounts due to us are paid in full into our account in clear funds.
6.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:
6.1.1. The breach relates to any fraud or non-payment on your behalf; or
6.1.2. The breach relates to a significant misuse of this website; or
6.1.3. The breach cannot be remedied; or
6.1.4. You fail to remedy the breach within 10 days of our notice to you of that breach; or
6.1.5. If there is an emergency.
6.1.6. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products or provide a credit to you for future purchases.
7.1. We welcome your comments regarding this website, however, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, ‘Comments’) sent to us shall be and remain the exclusive property of back to sleep which you expressly agree that we may use in any way in accordance with these terms and conditions.
7.2. Your submission of any such ‘comments’ shall constitute an assignment to back to sleep of all rights, titles and interests in all copyrights and other intellectual property rights. back to sleep 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.
7.3. 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
8.1. All product descriptions and content on our website or otherwise issued by us are intended merely to present a general idea of our goods and services. If you require any further details, please contact our Customer Services Department on 1300 854 557 or email us at email@example.com, providing details of the additional information needed.
8.2. If you buy goods, which are not as described, we will at your option either replace the goods or accept their return and refund any money paid for the goods. We will bear any reasonable necessary costs incurred in replacing or repairing goods that are faulty or not as described.
8.3. Any minor typographical, clerical or other error made on our website, in our acceptance of your order, 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. Any typographical, clerical or other error made, which affects the price that you will pay or affects the description of the goods (other than very minor changes), shall be notified to you by e-mail and we will allow you an opportunity to cancel your order.
8.4. We have done our best to display as accurately as possible the colours of the products shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
8.5. It is your responsibility to ensure that the goods match your requirements. You must ensure that 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. back to sleep will not in any way be held responsible shall your requirements differ from the Product description included on this website.
8.6. back to sleep endeavours to accurately describe in its website the type of goods you are purchasing. back to sleep however note that mattresses are a personal preference, we therefore highly recommend that you attend one of our stores and try the mattress you intend to purchase for comfort prior to purchase, as comfort and feel and related issues which you would be able ascertain from attending our store and trying the mattress 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 back to sleep.
9.1. 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.
9.2. A defect means faulty workmanship or materials. Comfort related issues are not a defect or considered a warranty breach.
9.3. 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 www.accc.gov.au/consumers/consumer-rights-guarantees .
9.4. back to sleep 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. back to sleep abides by the terms and conditions set-out in the manufacturer’s warranty guidelines. Any warranty or guarantee is the responsibility of the relevant Product supplier and not back to sleep. For further information about any products warranty guidelines please email us.
9.5. 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 Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
9.6. 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.
9.7. 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.
9.8. 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.
9.9. 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):
9.9.1. In the case of services: the re-supply of the services; or the payment of the cost of re-supply; and
9.9.2. 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.
9.10. 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.
9.11. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
9.12. 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
10.1. This clause does not relate to the sale of any beds or bases (which are not sold through our online store).
10.2. You may cancel the contract for the purchase of the goods for any reason if you notify us of the cancellation within 48 hours of placing your order (which is the usual time or shipment commencing), by notice in writing to firstname.lastname@example.org. In these circumstances back to sleep will provide to you a full refund without penalty.
10.3. After 48 hours, the contract for the purchase of goods cannot be cancelled. If you cancel the contract before the goods are delivered you may incur an administration charge of 5% of the total transaction (in order to cover administration and transport costs incurred), which will be deducted from your reimbursement. This does not apply if you return goods because they are of unsatisfactory quality.
10.4. If you have a change of mind within 7 days from the date of delivery of the goods and the goods have not been used or opened and you notify us in writing to email@example.com we will accept the goods back and will provide to you a refund for the goods. However, you are responsible for any arrangements and costs associated with returning the goods to us. You will not be entitled to a refund under this clause if the goods have been opened, used or damaged.
10.5. If you do not cancel the contract in accordance with the provisions of these conditions, you shall be deemed to have accepted the goods (except in the case of any manufacturing faults) and will not be able to return the goods to us after that time. The contract cannot be cancelled, except as expressly permitted by these provisions, if you simply change your mind or deem the products unnecessary.
- COMMUNICATION AND PRIVACY
11.1. As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you.
11.2. 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 emails, we will disable that functionality for your account.
11.3. Each and every one of these communications will contain a clear link to Unsubscribe.
11.4. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
- SECURITY ONLINE
12.1. We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
12.2. When making purchases using the Site your financial details are passed through a secure server using the latest encryption technology. If you have any questions regarding our security policy, please contact us at firstname.lastname@example.org.
12.3. Whilst we have taken these precautions for your security it is our strong recommendation that you should ensure that you have the latest web browser installed on your device and that prior to making an order or providing any important or confidential details over our website that you check through your browser the security of our website to ensure that it is secure. Please alert us immediately shall you encounter any security issue or warning.
12.4. This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.
12.5. We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
12.6. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
- ENFORCEABILITY AND JURISDICTION
13.1. If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
13.2. Our website is operated and controlled from Australia and these terms and conditions and your use of this website 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
14.1. Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you the Product from the relevant back to sleep showroom (if applicable).
14.2. back to sleep 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 back to sleep®, and back to sleep shall be entitled to a reasonable extension of time for the performance of such obligations.
14.3. 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.
- OTHER BUSINESSES
15.1. There may be links on the site which direct you to a third party website owned and operated by another company other than back to sleep. back to sleep does not provide any warranties in relation to these third party websites nor do we endorse their content.
15.2. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions.
15.3. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites.
15.4. back to sleep does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
15.5. You should carefully review their privacy statements and other conditions of use.