TERMS AND CONDITIONS OF SALE
Please read below carefully the Standard Conditions of Supply.
Terms and Conditions of 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.
1.1 “Australian Consumer Law” means the law pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2 Company” means Bedtime Store (ABN 72 263 178 161 ).
1.3 “Customer” means the purchaser of Goods or any person acting on behalf of and with the authority of the purchaser of Goods.
1.4 “Goods” means any Goods supplied to the Customer including but not limited to beds, chairs, CV therapy wands, cushions, pillows and other related products.
1.5 “GST” means any applicable tax on goods and services pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.6 “Price” shall mean the Price payable for the Goods in Australian dollars as agreed between the Company and the Customer and specified on the order confirmation. Unless otherwise stated, the Price shall be inclusive of GST. A GST exemption may apply to qualifying products.
2.1 All orders placed by a Customer are subject to the availability of the Goods.
2.2 The Company makes every effort to display as accurately as possible the design, colours, sizes, specifications, features and inclusions of its Goods on its website and printed materials. The Company cannot guarantee that the Customer’s computer monitor and/or the printed materials will be accurate.
2.3 Occasionally, there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, 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.
3.1 All orders placed by a Customer will be secured and form a binding contract with the Company on payment of a deposit or delivery or collection.
3.2 The Company may refuse to accept or fulfil any order in its discretion, including without limitation where:
(a) there is a pricing or description error when the order is placed which is obvious and could have reasonably been recognised as a mispricing;
(b) payment is refused; and/or
(c) it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.
3.3 The Company accepts payment by cash, credit card (Visa and Mastercard only) or any other method of payment deemed acceptable by the Company. Payment options for Goods will be provided at the point of purchase and are subject to change without notice.
3.4 Except where the Customer agrees to pay a deposit and the balance of the total Price at a later date, in respect of all orders, payment of the total Price (including by approved finance) is required on or before delivery or collection of the Goods. The Company will not release Goods to the Customer without receiving payment of the total Price.
3.5 Payment is only received by the Company when cash or proceeds of other methods of payment 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 non-acceptance of orders made by you.
3.6 Where payment is not received in full or the order is cancelled at any time after payment of a deposit, the deposit will be forfeited in full and processed as a cancellation fee.
4. Title and Risk
4.1 All Goods will remain the property of the Company until such time as payment of the total Price has been made by the Customer.
4.2 Upon receiving payment in full for purchase of Goods, legal and equitable title to the Goods will be transferred from the Company to the Customer.
4.3 The Company will be entitled to repossess the Goods delivered where the Customer defaults in payment of the total Price.
4.4 All risk in the Goods will pass to the Customer upon delivery or collection (including all risks associated with loading and unloading the Goods).
5. Delivery and Installation or Collection
5.1 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.
5.2 Unless otherwise agreed in writing, the Customer will bear the cost of delivery and installation or collection of the Goods. The Company will charge a standard delivery fee for the delivery of Goods to the Customer at a home address within Australia. The Customer may incur an additional fee for alternative delivery arrangements including without limitation failed delivery attempts.
5.3 Customers must inform the Company of any special circumstances relevant to delivery and installation (such as low bridges, narrow lanes, small door frames, steps, etc).
5.4 Upon delivery and installation or collection, the Customer will 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 and installation or collection.
6. Defective Goods
6.1 Customers will be entitled to a full refund or replacement where Goods are wrongly supplied or deemed faulty in accordance with Australian Consumer Law upon delivery or collection.
6.2 The Customer agrees to only use the Goods for their normal and proper use and not to alter, modify or otherwise interfere with the Goods. The Customer agrees to follow the manufacturer’s instructions supplied with the Goods and not to use the Goods in a careless or negligent manner.
6.3 Subject to clause 6.2, the Customer may be entitled to a replacement or refund for a major failure of the Goods at their discretion. At the discretion of the Company, the Customer may be entitled to have the Goods repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
6.4 The Customer acknowledges and agrees that the provisions of the Australian Consumer Law will determine the Company’s liability for any defective Goods.
7.1 The Customer acknowledges and agrees that the Goods are not delivered on a trial basis. Generally, the Company will not accept a request for the return of Goods due to a change of mind. However, returns will be accepted where the following conditions are met:
(a) the Company has assessed the Goods and agrees, at its sole discretion, to accept their return; and
(b) the Goods are returned at the Customer’s cost within 30 days of the order being dispatched; and
(c) the Goods are returned with the order confirmation or receipt that was issued upon delivery; and
(d) the Goods are returned in the condition in which they were delivered, remain in original unopened boxes and with all packaging material, brochures and instruction material; and
(e) the Goods are in as new condition as is reasonably possible in the circumstances and from current stock held by the Company.
7.2 Any returns accepted by the Company in accordance with clause 7.1 will incur a pick up and restocking fee of 15% of the total Price. Refunds will be made to the Customer using the same method of payment as used when placing the order for Goods.
7.3 Subject to the Customer’s rights under Australian law, the Company will not accept the return of the following under any circumstances:
(a) Goods that have been sold at clearance Prices, or as second grade or quality;
(b) Goods that were used, installed, damaged or altered in any way by the Customer; or
(c) Goods that are no longer in stock or have been discontinued.
8. Warranties and Repairs
8.1 Subject to the subclauses below, the Company warrants that the Goods will be free from defects in material and workmanship for the following periods, commencing from the date of delivery or collection:
Bedtime store massage beds - Lifetime warranty on motors and electrical parties (excluding remote control) for the lifetime of the original purchaser;
Bedtime store mattresses - 5 year warranty on mattress
Bedtime store Chairs - 2 year warranty on motors and electrical parts (excluding remote control);
3 year warranty on fabric;
CV Therapy Wand and Cushion - 3 year warranty on motors and batteries
8.2 The Company has no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal conditions, failure to follow instructions, misuse, alteration, relocation or repair of the Goods without the Company’s consent.
8.3 The Company has no liability in respect of any defect or damage caused by power surges, power failures, unauthorised changes to the electrical system or any incidents of deliberate or unintentional misuse. The Company recommends that the Customer installs a suitably approved power arrester to their home.
8.4 The Company has no liability in respect of any damage of faults repaired as a result of the aforementioned clauses. In these circumstances, the Company will charge the Customer for the cost of replacement parts, labour and administration fees.
8.5 All claims under warranties must be made to or by calling 1300 825 931. The Company is entitled to repair any defect covered by warranty in satisfaction of any liability and will charge a standard call out fee for any in home repair and maintenance of Goods after the first year, unless the defect falls under the Customer’s statutory rights.
9.1 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.
10.1 These terms and conditions of sale shall be governed by and construed according to the laws of the Commonwealth of Australia and the State of Queensland.