These Terms and Conditions apply to the use of this Website and the purchase of goods from us. In using this Website and our services, and otherwise contracting with us for the purchase of products, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website or purchasing goods through it.
In these Terms and Conditions:
1.1 “Business Day” means a day, other than a Saturday, Sunday or public holiday, in the State of Victoria, Australia;
1.2 “We”, “us” and “our” are references to Ultimate Sleep Pty Ltd ABN 84 852 135 128. trading as Ultimate Sleep Pty Ltd except where the context requires otherwise including in the circumstances set out in clause 4.1;
1.3 “Website” means our website located at www.ultimatesleep.com.au or www.bumpmoves.com as well as any other URLs that we may have registered and may in future register and use for the purpose of linking to the website, and unless the context requires otherwise includes any related services; and
1.4 “You” and “your” are references to you as a user of the Website.
2. Registration and access
2.1 In order to purchase goods from us through our Website, you will need to register as a user. Upon registration we may collect information such as your name, address, valid email address and mobile phone number. You agree to provide accurate and complete information and to keep this information (as well as any credit card or other payment information) updated when interacting with us.
2.2 You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately.
2.3 You may not use another member or user’s account without their permission.
2.4 We may stop (temporarily or permanently) providing access to the Website to you or visitors/ users generally, at our discretion and without prior notice.
3. Product depiction and information
3.1 We endeavour to represent products for sale as accurately as possible on the Website, however due to technical limitations of photography and visual representation, we cannot guarantee that products listed for sale appearing at the Website will always look exactly the same when received.
3.2 While we make reasonable efforts to supply correct and accurate information about products listed for sale at the Website, the information about products is often based on information provided by our suppliers and product manufacturers, some of which we have no means to verify. Where an error appears in the description of products for sale and on the basis of the representation you have made a purchase that you would not have made had the error not appeared, we will provide a refund where required at law to do so, or otherwise where in our discretion we determine to do so.
4. Purchasing Procedure
4.1 When you order goods through the Website the products may be supplied by us to you or by a third party seller. The legal relationship of buyer and seller will exist between you and us or you and the third party seller as the case may be, depending on who supplies the products. The Website will notify you whether the products are being supplied by us directly or by a third party seller. References in these Terms and Conditions to “we”,”us” and “our” may be references to the third party supplier where the context permits.
4.2 The promotion and listing of a product on the Website does not constitute an offer to sell or guarantee the availability of products. It is an invitation to treat only and we reserve the right to accept or reject your purchase request for any reason including but not limited to stock shortages. Orders placed by you via the Website are offers to purchase products at the prices listed and pursuant to these Terms and Conditions.
4.3 All prices listed on the Website are listed in Australian Dollars and we only accept payment in AUD. Prices include GST where applicable. Prices are current at time of display but are subject to change.
4.4 You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
4.5 Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation.
4.6 Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as PayPal) and must be received in full prior to dispatch of product by us. If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
4.7 If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching products.
4.8 You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
5. Coupons and vouchers
5.1 We may send promotional vouchers from time to time. Gift and promotional vouchers may be emailed by us and it is your responsibility to ensure that you have provided the correct email address, whether it be for you or for another person. We do not accept responsibility for loss or failure of transmission due to your provision of incorrect email addresses.
5.2 Promotional coupons and vouchers may be used as payment for products listed on the Website. Visit “My Account” on the Website in order to redeem credit. To check credit click on “Check Gift Voucher Balance” at the My Account part of the Website. Gift vouchers and promotional coupons may be allocated an expiry date, after which time they will be unable to be redeemed.
5.3 You may purchase a product using partly voucher, coupon or gift certificate credits and the balance of the purchase price using other accepted payment methods if there are insufficient credits to cover the cost of your order.
5.4 You can transfer unredeemed gift and promotional vouchers to a third party. We assume no liability for the loss, theft or ineligibility of gift or promotional vouchers.
5.5 If we reasonably believe that fraud or deception or other suspicious activity occurs in connection with the actual or attempted transfer or redemption of vouchers or coupon, we may prevent you accessing your account, require alternative means of payment or take such other action as we deem appropriate,
6.1 We will sell and deliver products only to customers located in Australia with a physical address for delivery. We will not deliver products to “PO Boxes” or to addresses where no person is available to accept delivery. You will be required to sign to acknowledge receipt of goods ordered.
6.2 Subject to clause 0 products will be delivered to your nominated delivery address.
6.3 In the event that an attempted delivery is unsuccessful because you are not able to be present at the delivery address at the appointed delivery time, you will be required to collect the product directly from our shipping partner (for regular items) or to reschedule delivery (for special freight items). We reserve the right at our election to charge you additional costs to cover shipping, storage and other administrative charges due to your failure to accept delivery at the appointed time, or alternatively we may terminate the contract of sale, in which case we will refund the amount of the order less any shipping, storage and other reasonable administrative charges.
6.4 Delivery charges are dependent on what the items are and where the order is to be delivered. These will be calculated and you will be advised of their amount before you finalise and submit your order.
6.5 We endeavour but do not guarantee to dispatch products within 1 to 3 Business Days from the date of order. This applies to items that are listed as being in stock. We endeavour but do not guarantee to dispatch special freight items, within 4-6 Business Days from the date of order. These anticipated time frames do not apply in respect of custom orders, unless we advise otherwise.
6.6 If part of an order is out of stock or for any reason we are unable to dispatch you order we will notify you within 2 working days with an expected back in stock date and we will proceed with your order as directed. If you have questions about our delivery policy please contact us at [email protected]
6.7 To the extent permissible, we disclaim liability for loss, damage or theft of items once they leave us. We suggest insuring your items. We also strongly recommend that you have your product shipped to a business address.
7. Returns, exchanges, damaged or faulty goods
7.1 Please check products that you receive thoroughly as soon as received and ensure that all items ordered are present.
7.2 Returns and exchanges can be facilitated through our customer service centre through email [email protected] ) or telephone (03) 9005 7445. Due to health and safety regulations, any item that may have come into direct bodily contact CANNOT be returned. The Australian Health Regulation does not permit the exchange of a used pillow. We recommend you carefully review any orders before adding them to your shopping cart and proceeding with you order. You must not attempt to return any goods before having so communicated with us. Where we accept such returns, you agree to follow any directions regarding postage and packing in relation to the item in question. Where you have purchased a product through a third party supplier listed on our website, that supplier will contact you to discuss the process for such return. We will use reasonable endeavours to assist you where you are unable to contact the supplier for any reason.
7.3 Subject to clause 7.2 we will accept a return (for change of mind reasons) of a product that is unopened, unused, in as new and saleable condition within 7 days of your receipt of the item, provided that you have arranged this in advance with Without limiting any other provision of these Terms and Conditions.
7.4 Subject to clause 7.2 where your product arrives damaged through delivery please notify us within 48 hours of receipt. We may require you to complete a return form and provide us with photographs of the damage for our further assessment. We will liaise with you to discuss the return process for damage that we believe was caused during delivery. Unless the law requires us to do otherwise in the circumstances, we will arrange a replacement or give you a store credit for the purchase price.
7.5 Consumer Guarantees do not apply where in the our opinion the goods became unacceptable due to customer’s misuse or mishandling, damaged after delivery, failure to use the goods in accordance with manufacturer’s care instructions, or failure to take reasonable care. Please note that goods must be returned within a reasonable period, after you have contacted Ultimate Sleep within 48 hours, and you may be asked to demonstrate that the problem with the goods was not your fault.
7.6 This clause 7 must be read subject to clause 8, which takes precedence over this clause in the event of any inconsistency.
8.1 The Australian Consumer Law protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the Law requires that goods must be free of defects and do what they are meant to do.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a “major failure” if the goods fail to be of acceptable quality. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a “major failure”. Consumer Guarantees have no set time limit – depending upon the price and quality of goods, consumers may be entitled to a remedy after any manufacturer’s warranty or extended warranty has expired. Where you return goods because they are defective or otherwise falling short of the Consumer Guarantees, then we will reimburse you the charges associated with returning the goods. Please contact us to arrange this and obtain a return authorisation in accordance with clause 7.2.
8.2 We aim, but do not guarantee, to process refunds and replacements within 30 days of receipt by us of your returned original product.
8.3 You must retain your proof of purchase for any manufacturer warranty claims and notify us within a reasonable time from the defect becoming apparent. In many cases this may be 7 days from purchase but in some circumstances this may be longer.
8.4 We will be under no obligation to replace products or provide a refund where the product has become of unacceptable quality due to circumstances such as misuse, failure to use in accordance with the manufacturer’s reasonable instructions, using the product in an abnormal way or failing to reasonably care for the products.
8.5 We will issue refunds by direct deposit, cheque or PayPal at our election.
9. Your use of the Website
9.1 You are provided with access to and are authorised to download material contained on this Website only for your personal use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
9.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
9.3 When you click on a website of or access details of a product, your browser may automatically direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the functionality or safety of those sites.
9.4 You must not use this Website, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.
10.1 To the extent permissible at law this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law. You accept that is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free.
10.2 To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website, or any other linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:
(a) mistakes or inaccuracies on the Website;
(b) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers;
(c) bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party; or
(d) any interruption or cessation of transmission from our Website;
10.3 To the extent permissible at law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
10.4 We assume no responsibility for the installation or assembly of any products ordered through the Website.
10.5 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Website or any products purchased through it.
10.6 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
10.7 Details contained on this Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details concerning those goods or services will satisfy the laws of any other country.
11.1 This Website may contain links to other websites, including but not limited to those of manufacturers of products (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
11.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary.
12. Intellectual property rights
12.1 “Ultimate Sleep”, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
12.2 Copyright in this Website is owned by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Website.
12.3 If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content“) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.
12.4 We do not claim copyright or ownership of other intellectual property rights in respect of third party content (including trade marks and logos of third parties) appearing on the Website, which remain the proprietary rights of the respective third parties concerned.
13. User content
13.1 From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not:
(a) upload, post, transmit or otherwise make available on the Website any content that:
(i) is defamatory;
(ii) promotes, encourages or provides information about unlawful conduct or activities;
(iii) infringes any third party’s intellectual property rights or breaches confidentiality;
(iv) includes a photograph or other likeness, or personal information of another person without their consent;
(v) contains pornography, nudity, sexual acts or references;
(vi) incites hatred or discrimination against any person or group of persons;
(vii) contains any unsolicited or unauthorised advertising or promotional material;
(viii) misrepresents your relationship with any person;
(ix) is misleading, false or deceptive (whether by representations or omissions); or
(x) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
13.2 We reserve the right to remove any User Content that you may post at any time without notice to you.
14.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
15.1 We may collect website visitors’ contact information (like their e-mail addresses). This information may be used:
(a) to send news, information about our activities and general promotional material which we believe may be useful to you, where you have opted in to receive such material;
(b) to monitor who is accessing the website or using services offered on the website; and
(c) to profile the type of people accessing the website.
15.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
15.3 We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
15.4 We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
15.5 If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
(a) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
(c) we are required by law to disclose the information.
15.6 We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
15.7 Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
15.8 Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
15.9 All personal information which we collect (including your contact details and, if relevant, credit card details – of which are processed by a secure major financial institution) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
15.10 We consider it is the responsibility of parents to monitor their children’s use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.
15.11 You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
16. Breach of Terms and Conditions / Termination of Access
16.1 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Website, preventing computers using your IP Address from accessing the Website, and contacting your internet service provider to request that your access to the Website be blocked.
16.2 Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice. We will not be liable to you for doing so.
16.3 Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
17. Age / legal capacity
17.1 You affirm that if purchasing products using our Website that you are over 18 years of age. You agree that you are entering into a legal contract with us.
17.2 Without limiting clause 17.1, you agree and acknowledge that in the event we suffer loss or damage as a result of a minor purporting to enter into a transaction with us, that we reserve the right to take legal action and seek recompense from the parent or guardian of that minor.
18. Waiver, Severance and Assignment
18.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
18.2 If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
18.3 In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.
19. Governing Law
19.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia.
20.1 We shall not be liable for any delay in performance of our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control.
21. Amendments to Terms and Conditions
21.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing.
21.2 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.