Terms and Conditions information -
Terms and Conditions of Sale
This section tells you about our Terms and Conditions on which we supply any of the products listed on our website www.sleepys.com.au Please read these terms and conditions carefully before ordering any Products from our site. When placing an order, you will be invited to agree to these terms and conditions by ticking the box marked "I agree to the terms and conditions". If you don't accept the terms and conditions by ticking this box, you will not be able to order any Products from our site.Information about us
www.sleepys.com.au is a site operated by Sleepy's Pty Ltd., ABN 51104154627 our registered office is at Unit 9/16 Metroplex Ave., Murrarie, QLD 4172.
Service Availability
Our site is intended for use by people resident in Australia. We do not accept orders where delivery is required to locations outside of Australia. At this time our ability to deliver to more remote regions of Australia is also subject to your nearest Sleepy's store being able to quote a cost of delivery; please contact your nearest store where a standard quote does not appear on your on-line request.
Your Status
By placing an order through our site you warrant that:
You are legally capable to enter into binding contracts
You are at least 18 years old
You are resident and require delivery within Australia and you are accessing our site from Australia.
Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within 24 hours after you place the order. Provided you comply with this clause and the returns policy (Clause 11 ), take reasonable care of the products, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 11 below).
To cancel an order you must inform us by e-mail to products@sleepys.com.au;
If the products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the contract, then the Products must be returned to us at your own cost and risk.. We will arrange for the products to be collected from you either by us or by a third party and will make a charge for providing this service.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Taking reasonable care in relation to mattresses includes, for example, not removing the protective packaging encasing the mattress.
Ordering products
After placing an order, you may receive an e-mail from us acknowledging that we have safely received it. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will send you an e-mail to confirm acceptance. The contract between us (Contract) will only be made when we send you the e-mail confirming acceptance of your order and we have taken payment.
Availability
All orders are subject to stock availability. We will inform you as soon as possible if, for any reason, the Products you have ordered are not available. Please note that, on rare occasions, stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the Contract with you. In such circumstances, if we have taken payment from your credit or debit card we will refund the amount paid by you in full and we will not have any other liability towards you.
Ordering Errors
You are able to make changes to your order up to the point at which you click on the 'submit order' button on the Payment & Confirm section of the checkout process.
Prices
The prices of the products will be as quoted on our website, except in cases of obvious error. Please be aware that these prices RRP and include GST and delivery costs (under 100 Km from store). Prices displayed at Sleepy's stores may differ from the advertised RRP on this website due to in store promotions.
Payment
We accept payment with the following credit or debit cards: Visa credit and debit cards, MasterCard credit and debit cards and American Express credit and charge cards. Presently we do not accept cash, cheques or gift vouchers as payment online or payment through paypal. On submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. We will process your credit or debit card details immediately after you place an order.
Please note delivery of the products to you is conditional upon payment having first been made in full.
60 Night Comfort Guarantee does not apply to web Purchases.
Delivery
We aim to fulfil all orders within 28 days of acceptance. However, if you are located in a remote region of Australia, delivery may take a little longer.
When you have chosen the products that you wish to buy from us, the delivery address will default automatically to the billing address you have entered for your payment card. If you want us to deliver your order to a different address, you can choose this option as you go throught the check out process. Although we will make every reasonable effort to ensure your products are delivered within the timescale given above, unfortunately we cannot guarantee that they will not be affected by unforeseen circumstances affecting our delivery partners. Under these circumstances, delivery charges will not normally be be refunded. Either we or our contractors will contact you to arrange for delivery of the products and will give you a delivery time slot. If delivery is attempted during that time slot and you are not available to take delivery, we reserve the right to charge you for any loss that we may suffer as a result.
Returns Policy
If you have cancelled the Contract in accordance with clause 4 above and the Products have been processed for delivery or have been delivered to you then we will arrange for the products to be collected from you. Following the collection of the Products from you, we will check that you have taken reasonable care of the Products. Subject to our being satisfied that you have taken reasonable care of the Products, we will process the refund to you as soon as possible, and, in any case, within 30 days following the day on which you have given notice of your cancellation of the Contract. In these circumstances, we will refund the price of the Products in full, including the cost of sending them to you. However we will deduct a collection charge subject to the costs associated with collecting your purchase, from the amount due to you.
If you have cancelled the Contract in accordance with clause 4 above and the Products have not been processed for delivery, then we will process the refund due to you as soon as possible and, in any case, within 30 days following the day on which you gave us notice of cancellation of the Contract. If you cancel the Contract for any other reason (for example, if you think the Products are defective or they do not match their description), we will collect the products from you and examine the returned products. We will notify you of our decision regarding a refund within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Products returned to us because of a defect will be refunded in full, including a refund of the delivery charges for sending products to you and any charge we may have levied for collection of the Products. In all cases please ensure that the despatch note is returned with the Products as proof of purchase. We recommend that you take a copy for your own records.
We will refund you using the same method you used to pay for the products.
Unfortunately we cannot stop an order once it's been confirmed to us. If you change your mind about your order after this point you can return the Products to us in accordance with the returns policy.
This returns policy does not affect your statutory rights in respect of defective Products.
60 Night Comfort Guarantee does not apply to web Purchases.
Risk and Title
The Products will be at your risk from the time of delivery even if you have given us notice that you wish to cancel the Contract. Ownership of the Products will only pass to you at the time of delivery or (if later) when we receive full payment of all sums due in respect of the products, including any delivery charges.
Your information
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.
Our Liability
In the event of a fault in our Products (including a defect or a Product not matching its description) notified to us within reasonable time after delivery we will (subject to confirmation of the fault and provided that the products have been treated by you in accordance with the manufacturers' guidelines and care instructions), exchange the Products or refund you in full (including any delivery and collection charges) but we shall not have any other liability towards you.
This does not affect your statutory rights.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Sleepy's Pty Ltd.), failure or delay on the part of a sub-contractor or supplier or acts of local, state or federal Government or other competent authorities. This does not affect your statutory rights.
Severability
If any of these terms and conditions are held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
Entire Agreement
These terms and conditions and other notices elsewhere on our website contain the whole agreement between us and you relating to the supply of Products. No other terms or conditions will form part of the Contract, unless agreed by us in writing and signed by an authorised Sleepy's Pty. Ltd. Employee.
Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us.
Law and Jurisdiction
Contracts for the purchase of Products through our site are governed by Australian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of Australia.
Security and Privacy
At Sleepy's we take your privacy very seriously and treat all your personal information as confidential. Our privacy policy statement is given below.
Your Information
We will only use information about you in accordance with this privacy policy. By using our site, you consent to such use.
Information Collected
When making an order for a product, you will be asked to provide us with your name, billing address and delivery address details, your e-mail address and a contact telephone number. We will also require your credit /debit card details. We may obtain information about your usage of our Web site to help us develop and improve it further.
What do we use your information for?
We use your information for the following purposes:
To serve Web site content to you;
To handle orders, deliver products and process payments and refunds;
To communicate with you about your orders;
To update our records;
If you contact us; we may keep a record of that correspondence and your contact details;
For our statistical or survey purposes to improve this Web site and it's services to you;
To prevent or detect fraud or abuses of our site and enable third parties to carry out technical, logistical or other functions on our behalf;
To notify you of products; promotions and special offers that may be of interest to you.
Where do we store your personal data
The data that we collect from you is stored on secure information technology systems located in the system which is operated by us or on our behalf by third parties.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Direct Marketing
If you prefer not to receive promotional or marketing information from Sleepy's , please ensure that you un tick the appropriate box as you go through the registration process.
Alternatively, you can opt out of receiving promotional or marketing information at any time by e-mailing us at (products@sleepys.com.au).
Protecting your Information
Our site uses up-to-date industry procedures to protect your personal information. We also protect the security of your data during transmission using secure software. We may vary this in the future if we feel you will benefit from greater security whilst using our site.
We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you via our site.
