Terms and Conditions

Welcome to the SleepersDirect website. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities and what you can expect from SleepersDirect. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this website.

SleepersDirect reserves the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.

Payment Methods

We ONLY accept Visa, MasterCard & EFTPOS.

PLEASE NOTE:

We do NOT accept American Express, Diners Card, cash on delivery (COD), bank cheques or Australia Post Money Orders

Security Policy

SleepersDirect takes all reasonable steps to ensure that your personal information is secure. We have robust systems and procedures in place to protect your privacy whenever we collect, store, and use or disclose personal information.  We are continually upgrading these systems and reviewing our procedures to ensure the highest standards of security are used to protect your personal information.

You can securely enter your credit card numbers via our secure website.  For all credit card payments, SleepersDirect uses DirectOne which is a product of SecurePay - a business of Australia Post, and is certified to level 1 of PCI DSS meaning your information is encrypted and fully secure. Sensitive credit card payment details are never stored on our website or within our internal database system.  SleepersDirect also works closely with the major banks to combat online fraud.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2013 SleepersDirect. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this website and/or server and related graphics is restricted. The name of sleepersdirect.com.au or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Communication from SleepersDirect

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to resubscribe at a later date.

Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, photos, images, suggestions or other communications (collectively, 'Comments') sent to SleepersDirect shall be and remain the exclusive property of SleepersDirect. Your submission of any such comments shall constitute an assignment to SleepersDirect of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. SleepersDirect will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Tell-A-Friend/Product Messages

The SleepersDirect message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:

• The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or policy.
• The transmission of any content that is profane, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a message.
• You are solely responsible for the content of your messages and SleepersDirect assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other guests or any third party. SleepersDirect reserves the right to purge the content you provide at any time.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst SleepersDirect makes every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our Refunds & Returns policy for details on how to obtain a refund.

Indemnification

You must indemnify and hold SleepersDirect and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the 'Parties') harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ('Claim') brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify SleepersDirect under this Section, SleepersDirect will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without SleeperDirect's express written permission.

Limitation of Liability

In no event shall SleepersDirect or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SleepersDirect. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and SleepersDirect are independent contractors, and no agency, partnership, joint venture, or employee/employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Refunds & returns policy

If you simply change your mind......

At our discretion, we will work with you to collect the goods providing they are in original and fully saleable condition including all original sealed packaging, but you will need to pay for the freight collection, as well as a re-stocking fee.  You will of course need to ensure that the goods can be easily and safely collected from the original delivery location.

The freight collection fee is $360 inc GST.  This covers the cost of collection, handling and re-stocking at our warehouse.  This fee is payable by PayPal, Credit Card or EFTPOS at the point of booking a collection. Should you choose to return to goods you will only be charge the restocking fee of $80 inc. GST.  Contact us at sales@sleepersdirect.com.au to discuss a return and we'll try to accomodate you.

Sound fair enough? 

Need to change a Delivery Booking

Okay, so things aren't going to plan on site and you need to change your delivery booking?   If you can give us 48 hours notice or more, we can reschedule your delivery for a later date, at no cost to you.  If however, you give us less than 48 hours notice a second delivery fee will apply.

If an item is damaged or not fit for purpose.......

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law 2010.

For minor failures: You are entitled to have the goods repaired or replaced or receive a refund if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  Please note, that cosmetic imperfections such as splits in the surface of timber, slight twists or bowing in timber do not constiute minor failure.  Timber is a natural product for which there will always be a + or - tollerance to surface finish, colour and dimensional accuracy. 

For major failures: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.

For all other loss, damage or injury arising from the use of a product purchased from SleepersDirect, to the extent permitted by law, SleepersDirect liability is limited, at its discretion, to refunding the cost of the product or re-supplying the product or an equivalent product. The warranty does not extend to any form of damage or loss caused by accident, misuse, neglect, natural disaster or act of God or other external causes or to damage or loss caused by operating the equipment in a manner outside that described as standard operation in the manual or instructions.

Contact us at sales@sleepersdirect.com.au to alert us to a problem and we will work with you to remedy the situation.

Receipt of Goods

Ideally, all orders need to be signed for at the delivery destination.  If there is nobody on site to sign for a delivery, the goods will be delivered regardless and photographic evidence of the delivery will be forwarded to your mobile phone.  

Revised and effective 1st May 2013 SleepersDirect, ABN: 96 844 691 368