CART 

Terms of Sale (Last Updated 23/10/24)

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1. Coverage

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1. We are Bedtime Store (ABN 72 263 178 161). We refer to ourselves using “we”, “us” and “our”.

2. We refer to you using “you” or “your”.

3. The Terms of Sale apply to the sale of goods and services by us to you. We reserve the right to update these Terms of Sale at any time by publishing the update on our website.

4. You accept these Terms of Sale by purchasing or offering to purchase any of our goods and services.​

 

2. Accuracy

1. Our website and online store features products and services that are usually in stock and available to purchase. However, sometimes we run out of stock suddenly, meaning we may not be able to accept or fulfil your order. We do try to indicate which products and services are either low in stock or unavailable, but we are under no obligation to do so.

2. If your order has been placed successfully for a product or service that is unavailable, we reserve the right to hold or cancel your order without prior notice. If there are other options available, we will contact you to change, update or otherwise cancel your order.

3. Occasionally, you may find typographical errors, inaccuracies or omissions in relation to the product or service descriptions, pricing or promotions. We reserve the right to correct any errors of this nature without prior notice. 

4. We make every effort to display the colours and images of our products accurately, both online and in print media. However, we cannot guarantee the accuracy of any colour as depicted by your mobile device or computer monitor. 

5. The prices, descriptions and specifications of our products and services online and in print media are subject to change at our discretion and for any reason. However, you may return a product or cancel a service if the relevant description on which you relied upon (as at the time of placing an order successfully) does not match the product or service you receive.

 

3. Order Process​​

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1. When you place an order, you make us an offer for the relevant product and service in accordance with these Terms of Sale. 

2. By placing your order, you agree that your order is not placed for any commercial, re-supply or reproduction purposes, to commit fraud or to harm our online systems.

3. When we receive your offer, we may accept it or reject it. This means that there is no commitment by us to fulfil your order until we have accepted your offer.

4. To the extent permitted by law, including the Australian Consumer Law, we are free to accept (in whole or in part) or reject your offer for any reason. Reasons for rejecting your offer include, but are not limited to, limitations on quantities available for purchase, an error in the price or description of the product or service, concerns raised by our accounts team and/or credit partners, or concerns with the address provided for delivery. We reserve the right to limit or reject orders that, in our sole opinion, appear to be placed by dealers, resellers or distributors. 

5. You may receive an email confirming that we have received your order or that your payment has been successful. These emails are not our acceptance of your offer; they are automated emails simply acknowledging receipt. 

6. Your order is accepted by us when we send you an email with the Sales Order agreement or contact you to confirm delivery (whichever occurs first). This constitutes acceptance of your offer and forms a binding contract. However, we may still cancel an order that has been accepted, if it cannot be fulfilled due to events that are outside of our reasonable control.

7. Please review your order carefully before placing it. Once your order has been accepted, you will be unable to cancel your order and must follow our returns process. 

8. We may cancel an order (even if it has been accepted) if we are unable to fulfil your order due to events that are outside of our reasonable control (see “Force Majeure Event” below). 

 

4. Payment​​

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1. The prices of our goods and services are always displayed in Australian dollars and include GST where applicable. 

2. Payment options for goods and services you wish to purchase are displayed on our website as well as the point of sale and are subject to change without notice. Some payment options are subject to an approved credit application, background identity check, credit check, deposit payment and terms and conditions. 

3. Payment does not constitute our acceptance of your order (see “Placing an Order” above). 

4. Unless otherwise agreed in writing, payment must be received in full prior to the dispatch of your order. If payment has not been received in full or is otherwise declined by your bank, credit card issuer or personal loan provider, your order may be cancelled. In these circumstances, we may not be able to reserve the goods for you without a deposit, and cannot guarantee it will be available when you are ready to purchase. We will not be responsible for any loss, damage or disappointment you suffer as a result our decision to delay or cancel your order under this clause.​

 

5. Title and Risk​​

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1. We retain ownership of the products you have ordered until we have received payment in full for those products.

2. Ownership of the products passes to you on our receipt of your payment in full or the delivery of the products to you (whichever occurs last). Risk (including risk of loss or damage) to the products purchased passes to you upon delivery of the items to you.

3. Where ownership of the products has not yet passed to you, we reserve the right to: recall any products that are in transit;​repossess any products that have been delivered; reject any claims under warranty; and/or refuse service to you or any other person acting on your behalf in relation to your purchase.

4. If a product appears to be damaged on delivery, you may refuse to accept delivery and request a remedy under Australian Consumer Law (refer to our Returns Policy). If you accept delivery and discover the product is damage, you must contact us within 72 hours of delivery and provide evidence (in the form of photos and/or videos) to support your claim. Depending on the extent of the damage, we will repair or replace the products or provide you with a full or partial refund.

5. If the product we deliver to you is not the product you ordered or if we supply the wrong amount of products to you (either too many or too few), you must contact us immediately. You are under an obligation to return any incorrect or excess products received, and we will arrange for the products to be picked up, unless otherwise agreed.

 

6. Indemnity​​

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1. If you fail to comply with the Terms of Sale and someone sues us or we suffer a loss, you will be held responsible under this clause. ​

2. To the maximum extent permitted by law (and the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Sale.

 

7. Force Majeure​​

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1. We will not be liable for any delay or non-performance of any of our obligations under these Terms of Sale and we may cancel an order which we have accepted if such delay or non-performance is caused by circumstances beyond our reasonable control, which may include but is not limited to natural disasters and other extreme weather conditions, government issued public health orders, global pandemics or virus outbreaks, strikes and riots, factory closures and supplier delays.

 

8. General​​

1. These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia. 

2. These Terms, together with the Sales Order agreement and any applicable customer policies, constitute the entire agreement between yourself and Bedtime Store with respect to your purchase or offer to purchase our products and services.

3. Any ambiguities in the interpretation of these Terms shall not be construed against us.

4. If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing from us.

5. If any part of these Terms is determined to be unlawful, void or unenforceable, such part shall be enforceable to the fullest extent permitted by law. Any unenforceable portion shall be deemed severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining parts.

6. We may at any time and without your consent, assign or subcontract our rights and obligations under any agreements we have with you to a third party, in order to fulfill, deliver or otherwise provide assistance with your order.

 

Returns Policy

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1. Australian Consumer Law

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1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in our Terms or Policies are intended to alter or limit your rights under Australian Consumer Law.

2. If you purchase goods from us that has a major failure, you can choose to get a refund, replacement or compensation.

3. If you purchase services from us and experience a major failure, you can choose to get a refund (taking into account any part of the services that have already been performed) or for the services to be completed at a reduced price. 

4. If you think that there is a fault with the products or services you purchased, please let us know straight away by emailing us at support@superiorlifestyle.com.au. Give as much detail as possible about the problem and attach any photos or videos that support your claim. 

 

2. 40-Day In Home Trial

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1. Subject to any exclusions below, our 40 Day In-Home Trial policy is applicable to all purchases made on or after 10 October 2024 and replaces our former Change of Mind Returns Policy.

2. If you decide you would like to exercise your rights under this voluntary policy, you must:

   1. notify us by email of your request for return within 40 days from the date of delivery;

   2. wait to receive a Returns Merchandise Authorisation Number from our customer service team; 

   3. prepare the item for return in its original packaging with the same instructions and materials supplied on delivery; 

   4. return the item at your own cost to our warehouse in Brisbane, Queensland within 14 days of being issued the Returns Merchandise Authorisation Number.

3. The following purchases and/or products are excluded from this Policy and ineligible for return:

   1. Purchases financed by Payright, Humm, Elevant or Latitude; 

   2. Products flagged as floor stock, ex-display, discontinued or clearance stock; 

   3. Products tested or trialed by you or another person on your behalf;

   4. Products approved by your appointed Assistive Technology Advisor and funded by your NDIS or Home Care Package plan;

   5. Products that cannot be returned in their original condition or packaging materials; 

   6. Products made to order, customised, altered or modified at your request.

4. If you cannot return the item in its original packaging materials, you will need to find a suitable alternative at your own cost. Similarly, if you are physically incapable of preparing the item to be returned, you will need to find someone who can at your own cost. We will do our best to help you. 

5. A refund will be processed once the item has been returned to us and assessed for any damage and/or diminished value. We will endeavour to assess the items within 7 calendar days of their return to our National Distribution Center.

6. The refund amount is limited to the final price paid for the product and we reserve the right to deduct any charges incurred by us in performing our obligations under the sales agreement and specified on your tax invoice. You may also be liable for any damage or diminished value of the items returned. 

 

3. 100 Night Comfort Guarantee

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1. Subject to any exclusions below, our 100 Night Comfort Guarantee policy is applicable to purchases made on or after 10 October 2024 and replaces our former "100 Night Mattress Trial" policy.

2. If you decide you would like to exercise your rights under this policy, you must:

   1. sleep on your first mattress/es for at least 60 nights from the date of delivery; 

   2. rotate your mattress/es (top to bottom) every 2 weeks from the date of delivery;

   3. notify us by email of your request for exchange between 60 and 100 nights from the date of delivery;

   4. wait to receive further instructions and a Returns Merchandise Authorisation Number (if applicable) from us.

3. The following purchases of mattresses are expressly excluded from this Policy:

   1. Mattresses flagged as floor stock, ex-display, discontinued or clearance stock; 

   2. Mattresses previously tested or trialled by you or another person on your behalf;

   3. Mattresses approved by your appointed Assistive Technology Advisor and funded by your NDIS or Home Care Package plan; or

   4. Mattresses that have been damaged, stained, ripped, torn, burnt, contaminated, infected or soiled in any way.

4. You may be required to supply photos of the mattress you would like to exchange as proof of its acceptable condition, so we strongly recommend using a mattress protector at all times. You may also be required to repackage, label and return the mattress to your nearest depot, so we recommend retaining the plastic wrapping and corner guards supplied on delivery. 

5. If you cannot return the mattress in its original packaging, you will need to find a suitable alternative at your own cost. Similarly, if you are physically incapable of preparing the mattress to be returned, you may need to find someone who can at your own cost. We will do our best to help you.

6. Unless otherwise agreed in writing, your right to request an exchange under this policy is limited to one mattress exchange per sales order and you may be liable to pay the home delivery fee on the second mattress prior to dispatch. 

7. ​Any mattress returned to us outside of the terms of this Policy will be deemed unauthorised and ineligible for exchange. We will not be responsible for any loss or damage you suffer as a result of the unauthorised mattress return.​​

8. We trust that all requests for exchange under this Policy are made in good faith. If, however, we have reason to believe that this Policy is being abused or that a request is not being made in good faith for whatever reason, we reserve the right to refuse such request and any decision we make is final.

 

Shipping Policy

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1. Standard

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1. The Company will facilitate the delivery and/or assembly of Goods within serviceable areas of Australia. The list of serviceable areas can change from time to time. If the nominated shipping address is in an unserviceable area, the Company will contact the Customer to discuss alternative options and/or applicable fees. 

2. The Customer must inform the Company of any special instructions relevant to the delivery of Goods at the nominated shipping address (such as gate codes, access restrictions, stairs, or dirt driveways).

3. For orders without assembly service, the Goods will be delivered by a third-party courier to the front door or as close as possible. Drivers are not equipped to carry the Goods beyond the ground floor, and it will be the Customer’s responsibility to take the Goods inside their home. 

4. The Company and its delivery partners follow several protocols to achieve the estimated date and time for delivery. However, any date and time provided to the Customer is an estimate only. Many factors (most of which are beyond the Company’s control) can affect these timeframes. The Company reserves the right to amend the estimated date and time for delivery without notice.

5. The Customer will be liable to pay 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. It is the Customer’s responsibility to inspect the Goods and check for correctness of condition, quality, quantity, colours and sizes prior to installation or use. If the Customer is absent on the day of delivery, they must inform the receiver (or members of their household) of this requirement. Subject to the Customer’s rights under Australian Consumer Law, the Customer will be deemed to have accepted the Goods unconditionally on the date of delivery or collection.​