ONLINE SALE TERMS
In these terms:
(1) “you”, means anyone who visits or uses this website
(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website.
(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.
We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
2. AUTOMATED COLLECTION FROM OUR WEBSITE
When you visit our website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:
a) the internet protocol address and host name used by your computer to connect to this website
b) the operating system and the browser your computer uses
c) the search engine or inbound hyperlink you used to reach this website
d) the date, time and duration of your visit
e) the pages viewed by you
We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
3. LEGAL CAPACITY
a) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
b) Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
c) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
We deliver goods between 10 am pm - 5.00 pm [ excluding sundays ] , and our team will text message you and email you prior to day of delivery. Unless specified, deliveries will be done within 7 days of receiving payment
5. ORDER CANCELLATIONS
You can cancel your order before delivery is despatched within 7 days , at the cost of 15 % of purchase value. No cancellations will be accepted after this point or after despatch.
Prices shown are in Australian dollars and include GST where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you. We reserve the right to correct any errors.
1) All payments must be made by you in full PRIOR TO DELIVERY.
2) Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
3) The website employs the latest in Secure Sockets Layer technology from secure payment gateway to secure our payment systems.
4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or account is fraudulently used or is used in an unauthorised manner.
5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
8. ORDERS FOR COLLECTION AT THE SLEEPCENTER STORE
1) The terms of this clause apply where you select to collect your Order from SLEEPCENTER BEDS – Unit 1, 761 Great South Road, Penrose, Auckland 1061 - 6 days [ Excluding Fridays ] 10.00 AM TO 5.00 PM ONLY. The person who collects the goods must provide photo identification and present the credit card used for the online transaction.
- Collection of goods - Please note that the driver of the vehicle is responsible for loading and securing the goods according to the New Zealand transport law , when picking up from our loading zone . This involves workplace safety and safety of the transporting vehicle and its passengers.
- Our staff will only place the goods at the loading zone when you arrive.
9. DAMAGED PRODUCTS AND ACCEPTABLE QUALITY
1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) legal rights and remedies under the Consumer Guarantees Act or (b) the right to have the product replaced or to receive a refund of the price paid by you for the product (excluding transport costs).
2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
10. PRIVACY AND PERSONAL INFORMATION
2) We or our third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our team. Personal information may include your name, residential or postal address, telephone number and email address.
11. DISCLAIMER AND INDEMNITY
To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the website;
b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
c) personal injury or property damage of any kind resulting from your access or use of the website;
d) any unauthorised access to or use of the websites secure servers;
e) any interruption or cessation of transmission to or from the website;
f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
g) the quality or fitness for any purpose of any product or of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.
Nothing in these Sales Terms is intended to avoid the provisions of the Consumer Guarantees Act except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.
Our failure to exercise or enforce any right or provision under these terms 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 and signed by us.
Sleepcenter Beds Australia is an Australian owned and operated private limited company and is bound by the Australian Consumer Guarantees act on all its dealings.
Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase.
Under the Consumer Guarantees Act 2015 , you have guaranteed legal rights for goods [and services] you buy.These are called 'consumer guarantees', and include the following:
- A guarantee that the goods are of acceptable quality, such that the goods are
- Fit for all the purposes for which goods of that type are commonly supplied
- Free from minor defects
- Acceptable in appearance and finish
- A guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit
- A guarantee that the goods correspond with any description with which the goods are supplied
- A guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.
If the goods (or services we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy).
These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.
The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.
If you are acquiring goods (or services) from Sleepcenter beds for business purposes the CGA will not apply to the supply of those goods (or services).
FAILURES (MINOR AND MAJOR
If the goods (or services) we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.
A 'major failure' is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a 'failure of substantial character' as set out by section 21 of the CGA. If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.
Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods.