Terms and Conditions
ONLINE CUSTOMER TERMS AND CONDITIONS
As a condition of your use of this website, you warrant that:
- You are at least 18 years of age; and
- You will use this website in accordance with these Website Terms.
You may only use this website for lawful purposes. When using this website, you must not:
- impersonate any person or entity;
- make any fraudulent speculative or false enquiries;
- post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- knowingly transmit any virus or other disabling feature to the website;
- interfere with, disrupt, or create an undue burden on the website or associated systems; or
- frame or mirror any part of the website without our written approval.
All references to $ and dollars on this website are to Australian currency. Prices are indicative of the current price and are inclusive of GST. You agree to pay all taxes, including GST, payable in connection with this contract.
Any additional costs payable pursuant to these Website Terms are payable to Sleep Series at such times as you are notified by Sleep Series from time to time.
Reproduction of colours is as accurate as possible, but please note colours may vary slightly from what is displayed on your monitor.
Any advice, technical information, specification, description, dimensions, assistance or service provided by Sleep Series in relation to any mattress is given in good faith and is believed by Sleep Series to be appropriate and reliable, however, is approximate only.
Any order for a mattress placed through the Sleep Series website is an offer by you to purchase a product for the price shown on the Sleep Series website at the time you place the Order.
Full payment for Sleep Series products must be made at the time you place your order.
You are responsible for any costs incurred in arranging payment for the product(s), which include without limitation third party fees such as bank transfer fees or credit card fees. You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay Sleep Series all amounts due on demand.
Acceptance or rejection of an order
When you place an order to purchase product(s), Sleep Series will send you an email confirmation with receipt of your order and containing the details of your order. This email is an acknowledgement that Sleep Series has received your order. It does not confirm acceptance of your offer to buy the product ordered. Sleep Series only accepts your offer and concludes the contract of sale for the product(s) ordered by you when Sleep Series has processed your order and issued a sales invoice to you via email.
Sleep Series may reject an order placed online or any part of that order, without liability to you for that rejection, if:
- a product is not available; or
- there is an error in the price or description of that product posted on the Sleep Series website.
If Sleep Series rejects an order, then Sleep Series will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you place the order.
Each order placed through the Sleep Series website that is accepted results in a separate binding agreement between you and Sleep Series for the supply of those product(s).
For each order accepted by Sleep Series, the product(s) in that order will be supplied to you in accordance with these Website Terms.
Cancellation of an order
Sleep Series may cancel all or any part of an orders, without any liability to you for that cancellation at any time, if:
- a product is not available;
- there is an error in the price or description of that product posted on the Sleep Series website; or
- Sleep Series reasonably believes that the order has been placed in breach of these Website Terms.
On the cancellation of an order, Sleep Series will refund your payment to you.
Estimated dates of delivery will depend on where your order is being delivered. Products can only be delivered within Australia. Products cannot be delivered to PO Boxes, the Northern Territory or Tasmania.
It is the customer’s responsibility to ensure correct delivery address and access details are provided to Sleep Series.
Any time quoted for delivery is an estimate only. Sleep Series will use all reasonable endeavours to meet the estimated delivery date, however, you agree that Sleep Series is not and will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.
Products will only be delivered at a time agreed to between Sleep Series and the customer, to a person aged over 18 and available to accept delivery at the delivery address.
If an order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Website Terms, and you accept an earlier estimated delivery date, then the earlier delivery date will become the new estimated delivery date. In these circumstances, the Website Terms that apply to the estimated delivery date will apply to the new estimated delivery date. The estimated delivery date in these Website Terms applies to the delivery of the product(s), as these services apply to you, where you have prearranged these, and Sleep Series has confirmed these in writing to you.
Liability of Sleep Series
This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Sleep Series of those internet sites, nor does Sleep Series make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in these third-party internet sites. Sleep Series expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by the law, including without limitation the Australian Consumer Law, Sleep Series is not liable to you or anyone else for any:
- Decision, action or inaction taken in reliance on the information in, or connected with, this site;
- Losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
- Your use or misuse of this website or any information or material contained in this website;
- The loss or modification of information or material transmitted from this website;
- Any defect, technical problem or virus attached to or arising from this website or the server;
- The products displayed being unavailable at any time;
- Your inability to access or use the website or any material on the website;
- The loss of confidentiality in any information or material transmitted to or from the website.
To the maximum extent permitted by the law, including the Australian Consumer Law, Sleep Series does not make any guarantees or warrant that this website will be available in any place, free of faults or errors, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences or faults of any kind.
Risk and Title
Risk in Sleep Series products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Sleep Series of full payment by clearance of funds into our bank account.
Delivery is when the product(s) is delivered to the delivery address, at the time just prior to when the product(s) are unloaded at the delivery address.
You agree that your access to, and use of, this site is subject to these terms and all applicable laws and is at your own risk. Sleep Series makes no representations or warranties of any kind, express or implied as to the operation of this site or information, content, materials or products included on this site, except as cannot be excluded under applicable laws. To the fullest extent permitted by the law, including the Australian Consumer Law, Sleep Series, its directors, officers, employees, agents, contractors or successors will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this website and any other site linked to this website.
Overseas Access and Governing Law
This website has been designed for use within Australia. This website may be accessed in Australia and throughout the world. By accessing this website, you are agreeing that the Courts of Victoria, Australia will deal with any disputes which may arise between you and Sleep Series, and that the laws of Victoria, Australia shall be applicable law. Sleep Series makes no offer in or by this website to sell any product in any country outside of Australia and no representations that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.
Sleep Series’ goods come with guarantees which are subject to the Competition and Consumer Act 2010 (Cth) (the Act) and, without limitation, the consumer guarantees in the Australian Consumer Law contained in Schedule 2 of the Act, as well as any law which applies in relation to the sale of goods by Sleep Series and which cannot be excluded by law. These warranties and guarantees covers the replacement or repair of any good supplied by Sleep Series that has a defect. It does not include defects that arise as the result of normal wear and tear, or which are a natural characteristic of the material used to produce the good. These terms and conditions only apply to orders made on or after 1 July 2021.
If a consumer guarantee as provided for in the ACL applies in relation to a good Sleep Series has supplied to you, you are entitled to the benefit of that guarantee. This means that:
- You are entitled to a replacement or refund for a major failure of the good and, in some cases, for compensation for any other reasonably foreseeable loss or damage; and
- You are entitled to have the good repaired, or in some cases, replaced if the good fails to be of acceptable quality and the failure does not amount to a major failure.
This Warranty is in addition to your rights under the Act/ACL, with which Sleep Series will always comply.
Unless stated otherwise, these guarantees are not transferrable and do not cover products used for commercial purposes.
Subject always to the Act, this Warranty does not apply to any good that has been sold as seconds, goods that are repaired, or goods that have a defect where this has been drawn to your attention before the purchase of the good. Further exclusions from this Warranty apply in relation to:
- normal wear and tear.
- goods to which repairs have been attempted by a service provider other than Sleep Series or one approved by Sleep Series.
- where the good has not been used or maintained in accordance with Sleep Series care instructions.
- where the good has been used in an abnormal manner or subject to extreme use including where products that have been stored or assembled incorrectly, the good is abused, misused, dropped, crushed, impacted with any hard surface, more than “normal” wear and tear, exposed to extreme heat or cold, not maintained properly or used after partial failure, including (but not limited to) exposure to water, moisture of any kind, direct sunlight, extreme heat or bright light such as lamps, salt air, spills such as chemicals, acid, solvents, dyes or other corrosive materials, ink, paint, or body fluids;
- where the good has been tampered with in any way;
- where the good’s ID label/marking, as applied during manufacturing, is missing or has been altered and/or removed;
- if a good is relocated from its original delivery location by transporters not approved by Sleep Series or the relocation caused damage due to improper packing and transporting; and
Sleep Series reserves its rights to:
- request photos and/or videos to assess any warranty claims;
- exercise discretion to determine whether an item will be replaced and, in so doing, will consider if the request is seen as unreasonable; and
- require the return of the good(s) in relation to which warranty is claimed before Sleep Series provides the refund or replacement.
Replacement goods are subject to the same warranties as applied to the original goods which they replaced.
You must retain your proof of purchase for any warranty claims.
Where Sleep Series determines in its absolute discretion that the most appropriate remedy is to repair the goods and the goods are capable of repair, Sleep Series will endeavour to do so within a reasonable time.
A warranty period in respect of a good commences on the date of receipt by you of the good to which this warranty applies. Your warranty period is from your date of purchase and continues according to the details on the law tag. This tag is sewn into the border of your mattress and foundation and must not be removed.
If it is necessary for Sleep Series to replace or repair its product(s), the warrant period continues from the original date of purchase.
Limitation of liability
Subject to this clause, and to the extent permitted by law, Sleep Series, its employees, contractors or agents accept no liability arising out of the supply or non-supply of the goods or otherwise by virtue of this Warranty, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Sleep Series, its employees, contractors or agents, in which case Sleep Series’ liability shall be limited to, as we determine:
- The replacement of the goods or the supply of equivalent goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods.
Nothing in this clause shall be read or applied or purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Act or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
To make a warranty claim pursuant to this Warranty, you must:
- cease using the good immediately after the defect appears;
- contact Sleep Series by email at email@example.com, including your name, order number, contact details and images of the faulty product; and
- if requested by Sleep Series, return the good for inspection or repair to Sleep Series’ warehouse. Note that all costs associated with returning the good(s) must be borne by you (which would include any freight and insurance charges). If the cost of returning the good will be significant, Sleep Series will arrange for the goods to be assessed at your premises, or at ours at our own expense. If we determine there is a valid claim pursuant to this Warranty, Sleep Series will reimburse you for any reasonable transportation costs paid by you.
If any part of these Website 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 Website Terms will continue to be enforceable and valid.
These Website Terms will be governed by and construed in accordance with the laws of the State of Victoria, in Australia. The parties agree to irrevocable and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria.
For further information, please contact Sleep Series Customer Service:
PO Box 2085
SPOTSWOOD VIC 3015