Terms & Conditions
1. OUR TERMS AND CONDITIONS
1.1. This website is owned and operated by Health, Leisure and Lifestyle Products Pty Ltd, trading as back to sleep® (ABN 15 624 650 930) whose registered office is at 276 Canterbury Rd, Surrey Hills, VIC, 3127.
1.2. 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. 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 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 using this website.
1.4. back to sleep® reserves the right to add, delete or change these Terms and Conditions, because of this you should 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 placed your order.
2. 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.
2.5. Our website is operated and controlled from Australia and these terms and conditions and your use of this website and purchase of the goods are governed by and construed in accordance with the laws of Australia.
3. 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 password 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.
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 until we confirm our acceptance of your order, via a status change email, which we will send separately.
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.
4. 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.
5. PAYMENT METHODS AND PROCESSING
5.1. back to sleep® currently accepts PayPal, 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 Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory).
5.4. We process credit card and PayPal payments after you click the ‘Complete Order’ button.
5.5. If we are unable to successfully process your credit card or PayPal payment for your order, 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 and PayPal 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.
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 cannot be remedied;
6.1.2. You fail to remedy the breach within 10 days of our notice to you of that breach; or
6.1.3. If there is an emergency.
6.2. 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.
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®.
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.
8. 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 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.
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. Nothing in these Terms and Conditions 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 Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
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. back to sleep® abides by the terms and conditions set-out in the manufacturers warranty guidelines. Any implied 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 firstname.lastname@example.org.
9.5. Subject to this liability section, we exclude all implied terms and warranties 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 in 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. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
9.8.1. In the case of services: the resupply of the services; or the payment of the cost of resupply; and
9.8.2. 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.
9.9. 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.
9.10. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
10. LIMITS OF LIABILITY
10.1. 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.
11. YOUR RIGHT TO CANCEL THE CONTRACT
11.1. You may cancel the contract for the purchase of the goods prior to manufacturing or shipment, without penalty and without giving any reason by notice in writing to email@example.com.
11.2. In cases where the products have been manufactured or shipped, the contract for the purchase of goods cannot be cancelled.
11.3. If you do not cancel the contract in accordance with condition 6.1, 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.
11.4. If you cancel the contract before the goods are delivered you may incur an administration charge of 5% of the total transaction, which will be deducted from your reimbursement. This does not apply if you return goods because they are of unsatisfactory quality.
11.5. The contract cannot be cancelled if you simply change your mind, deem the products unnecessary.
12.1. 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.
12.2. 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.
12.3. Each and every one of these communications will contain a clear link to Unsubscribe.
12.4. 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.
14.1. 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.
14.2. 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.
15. ENFORCEABILITY AND JURISDICTION
15.1. 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.
15.2. This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
16. RISK OF LOSS AND TITLE IN PRODUCTS
16.1. 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).
16.2. 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.
16.3. 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.
17. OTHER BUSINESSES
17.1. There maybe links on the site which direct you to a third party website owned and operated by another company other than back to sleep®.
17.2. 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.
17.3. 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.
17.4. back to sleep® does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
17.5. You should carefully review their privacy statements and other conditions of use.
18. VIRUS WARNING
18.1. 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.
18.2. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
19.1. If you have any comments or questions regarding the Products and services featured on the Site please email email@example.com or contact head office on 1300 854 557.