Terms & Conditions
WEBSITE TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Definitions
Service means retail service via our internet store, mail orders, and telephone orders.
the Website means the website www.thebedroom.com.au
We / Us etc means BR & DL Hill (Investments) Ltd t/a The Bedroom Mattress and Bedding Co, 568 Rocky Point Road, Sans Souci, NSW, 2219 and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following address:
The Bedroom Mattress and Bedding Co
568 Rocky Point Road
Sans Souci, NSW, 2219
Trademarks
The trademarks and logos contained on this Website are trademarks of BR & DL Hill (Investments) Ltd t/a The Bedroom Mattress and Bedding Co. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here www.thebedroom.com.au/privacy
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
This document was provided by RP Emery & Associates © 2012
TERMS OF PRODUCT PURCHASE
The Agreement
In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from The Bedroom Mattress & Bedding Co products appearing on this website. By completing the customer order process and purchasing products from this website, an agreement exists between you and The Bedroom Mattress & Bedding Co once The Bedroom Mattress & Bedding Co accepts an order. Each accepted order is a separate agreement.
Customer Application
You must complete the customer details form before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify The Bedroom Mattress & Bedding Co if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
Orders
You place an order with The Bedroom Mattress & Bedding Co by selecting products and pressing the "place order" button on the checkout page. The Bedroom Mattress & Bedding Co reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by The Bedroom Mattress & Bedding Co at the time of successful transmission of the order. If you wish to cancel an order you must do so as soon as possible as some products may be packed within minutes of your order being received and despatched the same day. Orders are deemed accepted by The Bedroom Mattress & Bedding Co upon The Bedroom Mattress & Bedding Co acknowledging such order or failing to reject such order within 14 days.
Product Availability
The Bedroom Mattress & Bedding Co uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and The Bedroom Mattress & Bedding Co may need to reject an order you have placed for a product where The Bedroom Mattress & Bedding Co establishes that it is actually unavailable for delivery. In such cases The Bedroom Mattress & Bedding Co will refund in full all amounts you paid in respect of such unavailable product. The Bedroom Mattress & Bedding Co cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
Payment
You must pay for your products purchased on this website at the time of placing an order. To pay for products, you will be transferred to an external site operated by Australia and New Zealand Banking Group Limited ("ANZ"), or PayPal Australia. You agree that ANZ, or PayPal is responsible for processing and the security of your payment, and you hereby release The Bedroom Mattress & Bedding Co from any liability in relation to such payment. Please refer to ANZ's, or PayPal terms of use for conditions applying to payment processing services. We do not store or retain your credit card information.
Variation of Products and Price
The Bedroom Mattress & Bedding Co may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between The Bedroom Mattress & Bedding Co's retail stores and those found on this website.
Delivery
Delivery of your chosen products is made available through a variety of delivery methods shown to you at checkout. Some of our delivery methods include Australia Post, Allied Express Couriers, and other furniture removalists/freight companies. Some delivery address’s in Australia will incur additional charges that are not possible to show you at checkout and we will not charge you for those added costs without your agreement. We may at times substitute your chosen delivery method with an alternative where we believe it is in your best interest to do so, we will attempt to advise you of this. Delivery time frames will vary dependent on which method you choose. Once your item is despatched we will attempt to contact you to advise you either by updating our online system, e-mail, or via phone. If a tracking method is available we will notify you of this.
Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Cancellation
If you wish to cancel an order you must do so as soon as possible as some products may be packed within minutes of your order being received and despatched the same day. If you wish to cancel an order once it has been despatched you must contact us first to discuss this as we will not accept the return of some items if they have been specially ordered for you.
Returns
Our store is located in the state of New South Wales and therefore we abide by the NSW Department of Fair Trading rules, regulations and guidelines. We also abide by the Australian Competition & Consumer Commission guidelines and refer our customers to the booklet, Warranties and Refunds - A guide for consumers and business.
How do I return an item(s)?
Before returning an item you must contact us first to ensure that the item is returnable. To return an item(s), please include the invoice or a copy of the invoice that you received with your parcel and indicate the reason for the return. Send the returned item(s) to the address which appears on the invoice. Goods must be returned within 3 weeks of order date - unused and unwashed. We will credit your original method of payment, excluding delivery (unless goods are faulty or not as ordered in which case we will only refund the orginal postage amount on our invoice), or we can also hold a credit against your login details for future purchases if chosen.
How can I exchange a product(s)?
If you would like to exchange colour or style, please follow the same instructions as above indicating your requirements, and include cheque, money order or credit card details for re-delivery within Australia (amount to be for original postage charge as indicated on your invoice). If possible please include an alternative as we may have sold out of your first choice. For overseas exchanges cost will be at original freight charge. Please do not re-use our courier bag. Refunds and exchanges are processed as soon as possible. Make sure your name, address, phone number and instructions are clearly indicated.
Note also that specific products may have specific returns policies, so be sure to read that information on the product pages.
Refunds
Please choose carefully, as we do not give refunds if you simply change your mind or make a wrong decision.
You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different from a sample shown to you or do not do what they are supposed to.
Please retain your receipt/invoice for proof of purchase.
Colours
Please choose colours carefully as we have not control over how your computer monitor displays colours. We make every effort to ensure that the colour charts on our website represent the product, however, due to different computer monitors, operating systems, internet browsers and the limitations in representing colours electronically we can not guarantee that the product you recieve is an exact match to the colour shown to you. If you are looking for a very specific colour you should contact us to see if we have a colour sample that we can send to you. We also suggest coming into our shop to see colour samples if you can.
If the chosen colour is not suitable you may exchange the item (unless otherwise speficified), however, you must return the item unopened, unwashed and defintely not used. You must notify us of your decision within 7 days of receipt of your parcel. We will not accept items for exchange if it has been opened. If in doubt please call us, 02 9529 3311