TERMS AND CONDITIONS
Please read these terms and conditions of use carefully before conducting business with our company. In these Terms:
“Company” means Mattrest Bedding
“Company representative” means Mattrest Bedding employee
“Customer” means the purchaser of goods from the company
“Goods” means all goods sold and/or delivered by the company to the customer “Terms” means these terms and conditions of sale.
Thank you for choosing Mattrest Bedding. If you proceed to sale you are agreeing to comply with and be bound by the following terms and conditions of use. By using our company, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Mattrest Bedding ABN 65 651 591 614 “You” and “Your” refers to you, the client, visitor.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our company then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
Limitation of liability
It shall be your own responsibility to ensure that any products, services or information available through marketing meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and consumer act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability relating to the supply of any products or services under these terms and conditions is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
Purchase of goods
You must be over 18 years of age to purchase any goods or services from our company. Any information provided to you including information in relation to goods or services (including the prices for the goods or services) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the goods or services, which may change from time to time.
By placing an order, you are offering to purchase the product or service at the price specified (plus any delivery charges or other applicable charges payable by you). A deposit of 30% will be required before the products are ordered. We will accept your offer only after confirmation of full payment for the product or service.
At any time, we may, in our absolute discretion, reject or cancel any order we receive for any reason, including but not limited to the unavailability of products or services, an error in the price or the description of the products or services or an error in an order placed by you. In such case, we may refund you for any amounts that you have paid for the cancelled order.
Pricing and payment of goods
All prices for the products and services detailed are in Australian dollars and exclude goods and services tax (GST) where applicable.
We reserve the right to vary the prices of goods without prior notice.
All payments must be made by the methods specified which currently includes approved credit cards, cash and Afterpay.
Delivery of goods
All goods must be paid for in full, and all payments cleared, before we will deliver the goods. Prices shown exclude delivery fees. You will be advised of the applicable delivery fees by a company representative.
Goods may be delivered by Australia Post and/or other reputable courier companies.
Bulky Goods:
Delivery of bulky goods will be made at a day and time agreed upon by both parties, once the products are available in store (if awaiting back order). While we try to provide delivery times that are as accurate as possible, sometimes delays occur which are beyond our control. We undertake to advise you when such delays do occur, as soon as we are advised.
We are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at our absolute discretion.
Delivery of goods does not include installation or assembly. If required, installation and assembly of goods should be pre-arranged and additional charges will apply.
Returns and refunds
You should examine all goods on or as soon as possible after delivery. Any faulty, defective or damaged goods should be immediately reported to us.
We handle returns and process refunds in accordance with the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for 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 acceptable quality and the failure does not amount of a major failure. We do not refund for change of mind. Any refunds will be managed by the store of purchase.
Cancellations and ‘Change of Mind’
Mattrest Bedding shall not accept a cancellation if you simply change your mind, unless Mattreat Bedding chooses to do so at its absolute discretion. If Mattrest Bedding does accept such cancellation, the customer must pay an amount to Mattrest Bedding which in Mattrest Bedding reasonable view reflects the loss that Mattrest Bedding will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Mattrest Bedding shall off set 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 Mattrest Bedding, the customer must pay such amounts to Mattrest Bedding within 7 days of Mattrest Bedding's request to pay.
Disclaimer
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
It is your sole responsibility and not our responsibility to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Your privacy
We are committed to protecting your privacy. We use the information we collect about you to maximize the goods and services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
You may change your details at any time by advising us in writing via email. Credit card information is not stored by us on our servers.
Third parties
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our goods and services but not for any other use.
Disclosure of information
We may be required, to disclose information in the following circumstances: as required by law or by a court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion of unenforceable terms
Where any clause of these terms and conditions would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of these terms and conditions in those other States and Territories. The deemed exclusion of any clause pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Warranty
Mattreat Bedding shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer. The Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. The Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: The Warranty will not apply if:
1. Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Mattrest Bedding.
2. The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
3. The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
4. The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
5. The product is tampered with in any way.
6. The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.