Nothing in these Terms excludes, restricts or modifies Your rights under the Australian Consumer Law, except as expressly set out under the sub-heading “Limitation of Liability for Statutory Guarantees”.
Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) if you are a consumer and those Products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you.
You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
These statutory guarantees give You certain rights that We cannot exclude, restrict or modify, except in the limited circumstances set out under the sub-heading “Limitation of Liability for Statutory Guarantees” below. As outlined more fully in the Australian Consumer Law, if a Product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a “major failure”, subject to the provisions of the Australian Consumer Law, You are entitled to return the Product to Us and receive a full refund or replacement (at your election). Alternatively, You may (at Your election) choose to keep the Product and recover from us the difference between the price You paid for the Product and the value of the Product.
As outlined more fully in the Australian Consumer Law, if a Product We supply to You fails to meet a statutory guarantee and that failure can be remedied and is not a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to ask Us to remedy the failure. We are entitled to choose how We remedy the failure, including by either:
(a) repairing the Products;
(b) replacing the Products; or
(c) by providing a full refund.
You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
(a) which products are covered by such statutory guarantees; and
(b) Our liability to You for any failure of a Product to meet a statutory guarantee (except where We have expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for under the sub-heading “Limitation of Liability for Statutory Guarantees” below).
The statutory guarantees are in addition to any rights You may have under any voluntary and express warranties offered by Sleep Sophie.
If You think that there is a fault with the Products you have received, please let Us know straight away by contacting our [email protected]
Please include as many details as possible about the order and the problem with the Products.
Limitation of Liability for Statutory Guarantees
Where the Products we supply to You are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to You for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
We acknowledge that we cannot limit our liability in this way if You establish that it would not be fair or reasonable for Us to do so.
The 100-night trial does not apply to the Sophie Adjustable Bed Mattress.
Within 100 days of purchase of our 3in1 Celliant “The Sophie” mattress, if for whatever reason you are not completely satisfied with your Sleep Sophie Product/s let us know and, within eligible areas of Brisbane, Sydney, Melbourne, Adelaide and Perth, we’ll arrange for your Products to be picked up and a refund, or exchange will be issued. All refunds will be processed by the same means of purchase.
For customers outside of our Brisbane, Sydney, Melbourne, Adelaide and Perth Metro areas, we will help you contact a local charity to arrange collection of your product/s. If we are unsuccessful, we may ask for you to deliver the product to a local charity or a listed Sleep Sophie warehouse.
To be eligible for a return You must be a full paying customer. If you did not purchase your Sleep Sophie product/s you are not eligible for a return. To complete your return, we require a receipt or proof of purchase and for You to be available for the scheduled pick up time. We will also require a donation receipt in every case.
Good things take time! It is famously said that it takes 21 days to create a new habit, that is why you must have been using your Product/s for 21 days before you can initiate the return. Just make sure it is within the 100 days from purchase date at the time of initiating the return.
The 100-day trial is limited to (1) one per household. Please contact us to initiating the return no later than 100 days from date of purchase.
Products that are stained or damaged to the extent that our charity partners (who receive the returned products) refuse it, will not be eligible for a return or refund.
In the event you opt for an exchange, you’ll be responsible only for any difference in pricing. We will cover any additional shipping expenses.
If the item was marked as a gift when purchased and shipped directly to You, You will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to You. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to You later, we will send a refund to the gift giver and they will find out about Your return.