About These Terms and Conditions
In these Terms and Conditions "we" and "us" mean The Big Mattress Pty Ltd - ABN - 451 458 976 96 and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We sell and ship Products only within Australia. We will not make deliveries outside of Australia.
Legal Capacity to Transact
If you are under the age of eighteen (18) years you cannot place orders with The Big Mattress. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years
Should The Big Mattress suffer any damage or other losses as a result of a transaction entered into by a minor, The Big Mattress reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with The Big Mattress.
Creating an account
In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be require to enter personal information such as your name, delivery address, billing address, phone number and email address.
The Big Mattress may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest.
By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
Placing an order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order from The Big Mattress.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so on the Site for the fulfilment of your order.
Acceptance of an order
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however The Big Mattress will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by The Big Mattress. The Big Mattress will not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
The Big Mattress reserves the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.
If we cannot process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment. The Big Mattress will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being incorrect.
Payment Methods and Processing
The Big Mattress currently accepts PayPal, Visa, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory).
We process credit card and PayPal payments after you click the "Submit My Order" button.
If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
For credit card and PayPal payments your tax invoice which will be provided to you by email once your tax invoice is concluded and your (“Tax Invoice”) is your proof of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.
The Big Mattress always seeks to list Products with the most competitive prices. The Big Mattress reserves the right to change prices for Products displayed at any time before you place an Order. The price of products shown excludes delivery costs. Delivery cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. There may be additional delivery fees payable based on the location and logistics for delivery. The Big Mattress reserves the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).
Delivery of Products
Although every effort is made to deliver your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. Products ordered through the Site will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order.
The Big Mattress will make every effort to deliver your product according to the estimated delivery times and payment processing identified at checkout. Estimated delivery times are in business days and exclude public holidays.
We or our delivery company may need to contact you via telephone to arrange a delivery date and timeframe for certain products.
The delivery fee for your order will depend on:
(a) the type of Product you order; and
(b) your location.
At the time of placing your order online, you will be advised and charged the delivery fee. There may be additional delivery fees however, depending on the factors listed above.
You may have the option of picking up a Product directly from The Big Mattress dispatch centre in Loading Dock 2, Cnr Short / Duck Street, 265 Parramatta Road, Auburn, NSW, 2144, Australia. If this option is available, and you select it, then any delivery fee will be adjusted accordingly.
Pick up of Products may only occur once all relevant Products have been paid for in full and funds have cleared with The Big Mattress. You should not attempt to pick up any Products until you have confirmed that the relevant Products are available for pick up, and that payment for the relevant Products has cleared.
You agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
(a) provide us with proof of identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof of consent to use that credit card.
If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
(a) acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your order; and
(b) will ensure that the person receiving the goods is over the required age as prescribed by law.
You must provide clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
Ownership of the goods described in the order shall remain with The Big Mattress until all of the following events have been completed:
- Payment of all monies via chosen method
- Delivery of the goods
You are responsible for the selected goods fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination.
If you are in breach of any of these terms and conditions we reserve the right to cancel the order and refund any amounts paid for that order under these terms and conditions excluding the delivery fee.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Cancellation of an existing order by the Customer will be liable to a 40% cancellation fee, which fee shall be calculated on the total value of the purchase.
Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.
Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in Australian dollars.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
Cancellation of an existing order by the Customer will be liable to a 40% cancellation fee, which fee shall be calculated on the total value of the purchase.
If you cancel an order then any refund will be in accordance with the terms of our Returns Policy.
Damaged Products and Returns
See our Returns Policy.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not The Big Mattress.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these Terms and Conditions
These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
When making purchases using the Site, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing.
Enforceability and Jurisdiction
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Risk of Loss and title in Products
Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you.
The Big Mattress shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of The Big Mattress, and The Big Mattress shall be entitled to a reasonable extension of time for the performance of such obligations.
Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.
Product Descriptions and accuracy of Site
The Big Mattress attempts to be as accurate as possible in its featured product descriptions, however, The Big Mattress does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The Big Mattress will attempt to rectify any errors as quickly as possible.
The images on this site are provided to assist you in choosing the right The Big Mattress product for your home. These images can be helpful in determining considerations such as colour and other related characteristics of the item. These images are meant to be samples only and are not intended to provide a perfect match to the actual product. Colours and image size may vary based upon your screen resolution and other computer settings outside of The Big Mattress’s control. The image may differ from the actual product due to reproduction limitations of the image and limitations of viewing images at different resolutions, hue, brightness, contrast, and other screen variations. Therefore, The Big Mattress shall not be held responsible for any variation between the images on this website and the actual item you receive.
The Big Mattress reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, including colours and grain changes may occur and must be considered natural features of real timber.
Reliance on product information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. The Big Mattress does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
Copyright and trade marks
Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
If you have any comments or questions regarding the Products and services featured on the Site please firstname.lastname@example.org.