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1. Definitions and Interpretation
In these Terms and Conditions, the following words have the following meaning:
Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Agent means any nominated third party delivery or shipping company engaged by Sleep Solutions to deliver Goods ordered via the Website.
Delivery Fee means the fees, if any, charged for the delivery of the Goods.
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by You to purchase Goods from Sleep Solutions in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Related Body Corporate means means a related body corporate as defined in section 9 of the Corporations Act 2001 (Cth).
Website means this website- www.sleepsolutions.com.au.
We or Us or Our or Sleep Solutions means any of Interactive Online Marketing Pty Limited (ABN 25 077 010 185) trading as Sleep Solutions its directors, employees, independent contractors or agents.
You or Your means You as the purchaser of Goods from Sleep Solutions pursuant to these Terms and Conditions.
In this Agreement unless the contrary intention appears:
(a) a reference to this Agreement or another instrument includes any variation or replacement of either of them
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them
(c) the singular includes the plural and vice versa
(d) the word person includes a firm, a body corporate, an unincorporated association or an authority
(e) a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns
(f) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day and
(g) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
2.1. This Website is owned and operated by Interactive Online Marketing ty Limited (ABN 25 077 010 185 trading as Sleep Solutions (Sleep Solutions).
2.2. By accessing, using, browsing or placing an Order via the Website, You agree to be bound by the Terms and Conditions.
2.3. Sleep Solutions reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by using the Website at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions in use.
2.4. If You have any questions about the Terms and Conditions, please contact Sleep Solutions at [email protected].
3. Availability of Goods
3.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable. In addition, we reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to You. Sleep Solutions will not be liable to You for any loss (consequential, direct or indirect) You or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
3.2. You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the appearance and dimensions of Goods may differ in real life and
(b) You have read and fully understand and accept any written description of the Goods prior to submitting Your Order..
4. Placing Orders for Goods
4.1. You may place an Order by submitting the electronic Order form on the Website. In completing the electronic Order form, You agree to provide complete and accurate information to enable the processing and delivery of Your Order.
4.2. Sleep Solutions will not be liable to You for Your loss or that of any third party for any delay, cancellation, failure to process or failure to deliver Goods to You due as a result of You providing inaccurate or incomplete information.
4.3. You may not place an Order if You lack capacity to enter into a binding agreement with Us. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian.
5. Acceptance and rejection of Orders
5.1. Orders placed by You on the Website are requests to purchase Goods on these Terms and Conditions for the Price plus any Delivery Fee specified on the Website. This request may be accepted or rejected by Sleep Solutions.
5.2. You will be notified by email if we accept or reject an Order. Sleep Solutions will not be liable to You for Your loss or that of any third party for the rejection of an Order.
5.3. To the extent permitted by law, Sleep Solutions reserves the right to accept or reject or cancel Your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in Your order or the discontinuance of a promotion.
6. Price and Payment
6.1. Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and, where applicable, are inclusive of goods and services tax (GST).
6.2. Sleep Solutions reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to You, unless You have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided Your Order is not affected by a pricing error, in which case clause 5.3 will apply).
6.3. In respect of any Order, We will charge You and You agree to pay:
(a) the Price (which is the Price at the time the Order is submitted) and
(b) the Delivery Fee (if applicable).
6.5. You acknowledge and agree that any payment in respect of an Order must be cleared to Our satisfaction before Goods which are the subject of an Order are despatched. If Your payment cannot be processed, Your Order will be rejected.
6.6. In ordering, paying or attempting to pay for the Goods, You agree that You have not engaged in any fraudulent conduct or contravened any Law.
6.7. You will receive a tax invoice by email once payment in respect of Your Order has been processed and cleared pursuant to clause.
7. Shipping and Delivery
7.1. Sleep Solutions currently delivers Orders to Australia and New Zealand. When delivering to New Zealand, You agree that You will be responsible for all import duties and taxes payable in respect of the Order.
7.2. Sleep Solutions uses Delivery Agents to deliver Your Goods. You agree that Your details including Your delivery address to be supplied to the Delivery Agent for the purpose of delivering Your Goods.
7.3. You acknowledge and agree that additional delivery fees may be payable if Your Order otherwise incurs additional charges, for instance because You provide an incorrect delivery address and a second delivery attempt is required.
7.4. From time to time, including during peak periods such as Christmas, Sleep Solutions and its Delivery Agent may not be able to achieve delivery time frames. You acknowledge and agree that Sleep Solutions is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a change in delivery times or a delay in delivery by its Delivery Agent.
7.5. If You are not personally available to accept delivery, Your Goods may be left with a person at Your nominated delivery address who is over 16 years of age.
7.6. You or the person accepting delivery on Your behalf may be required to sign a delivery document to confirm that the delivery has taken place. If You or such person refuse to do so this may be taken as refusal to accept delivery.
7.7. Unless You advise that Your Goods may be left at Your delivery address unattended, if there is no one available to accept delivery, a calling card may be left. It is Your responsibility to follow the instructions stated on the calling card.
7.8. If Goods are required to be redelivered, You may be required to pay additional fees for redelivery.
8. Title and Risk
8.1. Title and risk in the Goods passes to You on the date and time of delivery of the Goods to the Delivery Agent.
9. Order cancellations
9.1. Unless provided for under these Terms and Conditions, You cannot cancel or change your Order once it has been accepted.
9.2. If We reject or cancel Your Order under these Terms and Conditions, and Your payment for the Goods has already been processed, We will refund the Price of the Goods to You. When this refund is received will depend upon each financial institution&rsquo s processing times. Sleep Solutions is not liable with respect to any loss (consequential, direct or indirect) You or any third party might suffer as a result of any delay in processing or paying Your refund.
10.1. Unused Goods in original condition and packaging may be returned within 30 days of delivery We reserve the right to charge You a restocking fee and delivery fees where Goods are returned that are not faulty.
10.2. If You wish to return Goods please contact Customer Service at [email protected] in order to obtain return instructions.
10.3. We do not offer an exchange or allow a return of some items such as pillows, quilts, bedding, air purifiers, baby products, SleepPhones, ear plugs, sleep masks, bedwetting alarms, snoring products due to health reasons except where those goods are faulty.
11. Promotions and Discounts
11.1. Sleep Solutions may from time to time run promotions. Promotions are governed by their own additional terms and conditions which may vary these Terms and Condiitons.
11.2. All times and dates specified in promotions are deemed to be the local time in Sydney, Australia unless otherwise stated.
12. Warranties You make
12.1. You represent and warrant that:
(a) You are over the age of 18 or have the consent of your parent or guardian and have capacity to enter into a contract with Sleep Solutions
(b) all information (including Personal Information) and data provided by You to Us through the Website is true, accurate, complete and up to date
(c) in placing Your Order, You have read, understood and agreed to these Terms and Conditions and
(d) You have complied with all Laws.
13. Using the Website
13.1. You agree that You will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway or use the Website in a manner that adversely affects the availability of its resources to others.
13.2. Sleep Solutions cannot guarantee that the Website or any file available for download and/or execution from or via the Website or from a Third Party Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files on this site, and You release Sleep Solutions entirely of all responsibility of any consequences of its use.
13.3. The Website and its contents are provided to You on "as is" basis the site may contain errors, faults and inaccuracies and may not be complete and current.
13.4. Sleep Solutions reserves the right to change the Website at any time.
14. Intellectual Property Rights
14.1. This Website and all content forming part of the Website are protected by copyright, trade mark and other intellectual property laws in Australia and in other countries.
14.2. You acknowledge and agree that Sleep Solutions owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
14.3. You may not:
(a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
14.4. Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in Your computer's cache and a single copy for Your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without Our prior written consent.
14.5. If You correspond or otherwise communicate with us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on Our Website and developing Your ideas and suggestions for improved products or services We provide.
15. Third party Websites
15.1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
15.2. Sleep Solutions is not responsible for the content or privacy practices of Third Party Websites.
15.3. The Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Sleep Solutions of the third party or the products or services provided by the third party or any affiliation between Sleep Solutions and the third party.
15.4. You access those sites and/or use those site&rsquo s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.
16.2. If You disable cookies on Your web browser, You may not be able to fully experience all features of the Website.
17. Availability, withdrawal and suspension of service
17.1. Whilst We endeavour to provide continuous access to the Website, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.
17.2. Sleep Solutions may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation in the event of a system failure or in the event that You breach these Terms and Conditions.
18. Exclusion and limitation of liability
18.1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
18.2. Other than expressly stated in relation to particular Goods, Sleep Solutions and its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Goods included on the Website, except as otherwise provided under applicable laws.
18.3. Subject to any rights You have under any consumer protection law, Sleep Solutions excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the Goods or the subject matter of these Terms and Conditions.
18.4. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Our liability will be limited to that provided by law.
18.5. Without limiting the foregoing, where a condition or warranty is implied by law that cannot be excluded Our liability will be limited for a breach of that condition or warranty to one or more of the following at Our election:
(a) if the breach relates to goods:
(i) replacing the goods or supplying equivalent goods
(ii) repairing the goods
(iii) paying the costs of replacing the goods or of acquiring equivalent goods or
(iv) paying cost of having goods repaired.
(b) if the breach relates to services:
(i) supplying the services again or
(ii) paying the cost of having the services supplied again.
18.6. To the maximum extent permitted by applicable law, neither Sleep Solutions, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
(a) the Website
(b) Your use of the Website and any sites linked to the Website
(c) any information obtained through the Website
(d) Goods supplied to You following Your use of the Website
(e) reliance on or failure to act, on any information or service contained on or accessed through the Website
(f) a withdrawal or suspension of availability of a Good
(g) errors, mistakes, inaccuracies or omissions on the Website
(h) personal injury or property damage of any nature resulting from Your access to or use of the Website
(i) any unauthorised access to or use of Our secure servers and/or personal information and/or financial information stored on those servers
(j) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through Our Website by any third party
(k) the quality of any product or service of any linked sites or
(l) an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
18.7. Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You directly or indirectly cause or contribute to any of the loss or damage.
18.8. You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that we, Our affiliates and related entities or Our suppliers have no responsibility for the legality of Your actions.
19.1. You will at all times indemnify, and keep indemnified, Sleep Solutions and Sleep Solutions&rsquo Related Bodies Corporate, directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.
20.1. You may stop using the Website at any time for any reason.
20.2. Sleep Solutions may suspend or limit Your access to the Website in Our absolute discretion without notice or liability to You for any reason.
20.3. Sleep Solutions reserves the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the Website at any time.
20.4. The exclusions and limitations of liability made by Us in these Terms and Condition will survive termination or suspension of Your access to the Website.
21.1. Sleep Solutions may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Sleep Solutions with respect to that Order.
21.2. Sleep Solutions may give notice to You by electronic mail. You may give notice to Sleep Solutions by electronic mail to [email protected].
21.3. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
21.4. A failure or delay by Sleep Solutions to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Sleep Solutions does not preclude its future exercise or the exercise of any power or right by or on behalf of Sleep Solutions.
21.5. Your use of this Website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from Your use of this Website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
21.6. The Website may be accessed throughout Australia and overseas. Sleep Solutions makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If You access this Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access this Website.