Terms and Conditions of Online Sale
The following terms and conditions are incorporated into and form part of any contract between the Company and the Customer for the supply of Goods, unless otherwise agreed in writing. This includes orders placed via the shopping cart online or by telephone.
These Terms and Conditions were last updated on 13 August 2021.
“ACL” means the law pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Company” means The Trustee for Sungroup Trust (ABN 72 263 178 161) t/a Bedtime Store.
“Customer” means the original purchaser of the Goods as stipulated on the tax invoice.
“Goods” means any product supplied to the Customer including bed bases, mattresses, bedding, pillows and other related products.
“GST” means any applicable tax on goods and services pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Price” shall mean the Price payable for Goods and services in Australian dollars as agreed between the Company and the Customer and specified on the sales order. Unless otherwise stated, the Price shall be inclusive of GST. A GST exemption may apply to qualifying products.
2.1 The Company makes every effort to display as accurately as possible the design, colours, sizes, specifications and features of its Goods on its website, emails and printed collateral. The Company cannot guarantee that the Customer’s computer monitor and/or the printed collateral will be accurate.
2.2 Occasionally, there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, features, pricing, promotions, offers, fees and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided is inaccurate at any time without prior notice.
3. Order Process
3.1 The Customer must be over 18 to place an order via our website or by phone or instore. An order constitutes a binding offer by the Customer to purchase the specific Goods, but is not binding on the Company until it is formally accepted.
3.2 Once the Company is in receipt of cleared funds, has confirmed stock availability and confirmed details of the Customer are correct in every respect, the Company will arrange for the delivery of the Goods to the nominated shipping address.
3.3 The Company formally accepts the Customer’s offer either by delivering the Goods or sending confirmation via email, SMS or post that the Goods have been dispatched.
3.4 The Company may refuse to accept or fulfil any order in its absolute discretion, including without limitation where:
there is a pricing or descriptive error when the order is placed;
the Customer’s payment is refused or credit facility is revoked;
the Company does not have sufficient stock to deliver the Goods;
the Company does not offer delivery to the nominated shipping address or has other concerns with the address provided.
3.5 Where an offer is refused, the Company is not obliged to offer any compensation for loss or disappointment suffered by the Customer. The Company will, however, issue a full refund of any payment collected.
3.6 The Company will take all reasonable care to keep the Customer’s order and payment details secure, but will not be liable for any loss the Customer may suffer if a third party procures unauthorised access to their personal details.
4.1 The Price payable for Goods may be disclosed on the Company’s website, by phone or instore. The Company may charge an additional sum for delivery and assembly services. The total Price payable by the Customer will be confirmed before the submission of payment details.
4.2 The Company accepts payment by cash, debit card, credit card (Visa, MasterCard, American Express), bank transfer and any other method it deems acceptable.
4.3 Unless the Company accepts in writing payment of a deposit and the balance owing at a later date, in respect of all orders, payment of the total Price must be made when the order is placed and before Goods are dispatched or collected and/or services are rendered. This clause may be satisfied by obtaining credit approval with an authorised credit provider. To submit an application for credit, please email firstname.lastname@example.org.
4.4 Payment is only received by the Company when cash or proceeds of other payment methods are credited and cleared to the Company’s bank account. If the Customer’s card issuer or payment service provider refuses to authorise payment, the Company will not be liable for any delay or cancellation of the Customer’s order.
4.5 Where payment is not received in full or the order is cancelled at any time after payment of a deposit, the Customer agrees that the deposit (or a reasonable percentage of the deposit) will be forfeited in full to cover any administrative costs or loss suffered by the Company (including costs of return shipping if Goods have been dispatched).
5. Title and Risk
5.1 All Goods will remain the property of the Company until such time as payment of the total Price has been made in full by the Customer.
5.2 The Company will be entitled to repossess the Goods delivered where the Customer defaults in payment of the total Price.
5.3 All risk in the Goods will pass to the Customer upon delivery or collection (including all risks associated with loading and unloading the Goods).
6.1 The Company is only able to deliver Goods within serviceable areas of Australia, which may change from time to time. Please email email@example.com for more information regarding serviceable areas and any applicable fees for special requests such as assembly and rubbish removal.
6.2 Unless otherwise agreed in writing, the Company is only able to deliver Goods to the front door of a residential address. Our nominated couriers will not carry the Goods beyond your front door and it is your responsibility to take the Goods inside. Once an order is dispatched, the shipping address cannot be changed.
6.3 The Company will take all reasonable steps to meet the estimated timeframe for delivery. However, the date for delivery is an estimate only. Many factors (some of which are beyond the Company’s control) can affect these timeframes. The Company reserves the right to amend the estimated timeframe for delivery without notice.
6.4 Customers must inform the Company of any special instructions relevant to delivery at the shipping address (such as gate codes, access restrictions, flights of stairs or gravel driveways).
6.5 The Customer may incur additional fees for alternative delivery arrangements including without limitation failed delivery attempts, a failure to provide proper access instructions or a change to the shipping address after dispatch.
6.6 Upon delivery or collection, the Customer must inspect the Goods and check for correctness of condition, quality, quantity, colours, patterns and sizes prior to installation or use. Subject to the Customer’s rights under Australian law, the Customer will be deemed to have accepted the Goods unconditionally on delivery or collection.
7. Warranties & Repairs
7.1 The Customer agrees only to use the Goods for their normal and proper use and not to alter or modify or otherwise interfere with them. The Customer agrees to follow the instructions supplied with the Goods and not to use the products in a careless or negligent manner.
7.2 Subject to any exclusions specified at the point of sale or expressed in writing, the Company warrants that the Goods will be free from defects in material and workmanship for the periods specified in the Warranties Brochure, commencing from the date of delivery or collection. A copy of the Warranties Brochure is issued on delivery and can be found on the Website.
7.3 If Goods are damaged on delivery or develop a fault within the warranty period, the Customer agrees to notify the Company in writing by emailing firstname.lastname@example.org with proof of purchase and a brief description of the problem.
7.4 The Company may request further information including photographs and videos, or request to physically inspect the Goods before accepting a claim for warranty. The Customer agrees to liaise with the Company and participate in any troubleshooting tutorials over the phone or by email. If the Customer is physically unable to participate in any troubleshooting, they agree to find another person is capable and can carry out instructions by the Company.
7.5 The Company is entitled to repair any defect covered by warranty as it deems fit and in satisfaction of its liability. The Company will charge a standard call out fee for any in-home repair of Goods after the first 12 months of purchase (or within the first 12 months if the Goods are not in fact damaged or faulty).
7.6 If the Company is unable to repair the Goods, the Company will replace the Goods with an equivalent product. If the Company is unable to replace the Goods, the Company may, at its sole discretion, offer a full or partial refund of any monies paid for the Goods to the Customer. A refund will not be processed until the Goods have been received by the Company.
7.7 Where Goods have been delivered at the nominated shipping address, and the Customer later moves the Goods to an alternative address, the Company takes no responsibility for any defects that arise following the move.
Change of Mind
8.1 We offer a 30 day return policy as per the following exceptional circumstances:
(a) the Customer notifies the Company in writing of their request for return under this Policy within 30 calendar days from the date of purchase;
(b) the Goods are returned at the Customer’s own cost and within 30 calendar days from the date of purchase (the Customer must ensure they retain proof of postage);
(c) the Goods are returned in their original condition with the same packaging materials, instructions and paperwork supplied on delivery;
(d) the Goods were sold at full Price and are from current stock held by the Company; and
(e) the Company has carried out an assessment of the Goods and agrees, at its sole discretion, to accept their return.
8.2 Where the Customer does not have the original packaging and materials and cannot repackage the Goods to prevent damage during transit, they may purchase replacement packaging for $250 including GST.
8.3 Where the Customer requests the Company to collect the Goods, they will be liable to pay a minimum collection fee of $330 including GST as well as the cost of return shipping.
8.4 A refund for any returns accepted by the Company will be made to the Customer using the same method of payment as used when placing the order. The Company reserves the right to withhold any refund until it has received the Goods and accepted a request for return.
8.5 The Customer may be liable for (and the Company may deduct from the refund) a restocking fee equivalent to 10% of the tax invoice and any diminished value of the Goods (resulting from use or handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods).
8.6 Subject to the Customer’s rights under the ACL, the Company will not accept a request for return in the following circumstances:
(a) the Goods that have been sold at a sale, promotional or clearance Price, or as second grade or quality;
(b) the Goods are damaged, altered, stained, ripped, torn, burnt, contaminated, infected, or soiled in any way by the Customer; or
(c) the Goods have been personalised or manufactured according to the Customer’s specifications; or
(d) the Customer has had an opportunity to try the Goods before committing to their purchase (whether by visiting a showroom or receiving a temporary in-home demonstration).
Australian Consumer Guarantees
8.7 The benefits of the Company’s returns policy are in addition to other rights and remedies that you may have under any applicable laws. Our goods come with guarantees that cannot be excluded under the ACL.
11.1 The Customer agrees to indemnify the Company, its directors, officers, employees and agents from all liabilities, losses, damages, costs or expenses incurred or suffered by the Company or the Customer, and from all actions, proceedings, claims or demands made against the Company or the Customer arising from:
(a) the Customer’s failure to comply with any applicable law, rules, standards, regulations or instructions applicable to the Goods or use of the Goods; and/or
(b) any negligence of breach by the Customer and/or its employees, agents or contractors in relation to the Goods or use of the Goods.
12.1 If any part of these terms and conditions are deemed unenforceable, the enforceability of any other part of these terms and conditions will not be affected.
12. 2 The Company reserves the right to assign or sub-contract any or all of its rights and obligations under these terms and conditions. These terms and conditions are personal to the Customer and are entered into by the Customer for their own benefit and not the benefit of any third party.
12.2 These terms and conditions of sale, together with any applicable policies, set out the entire agreement relating to the order by you, either using the Website or by phone or instore, of any product from us and supersede any and all previous agreements between you and us relating to your use of the Website and/or to the order by you of that product.
12.2 These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth and any disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the State of Queensland.