General Terms and Conditions
Sleep Sophie ACN 629 259 641 (Sleep Sophie) understands and respects the importance of the fine print that is required to get you the best night’s sleep ever. Throughout these General Terms and Conditions (Terms) we might refer to ourselves as “Us” “We” or “Sleep Sophie”, whereas we might refer to you, a website user or even a Sleep Sophie customer as “You” or “Your”
All sales of Products and services are governed by these Terms. You will be required to indicate that You have read, understood and agree to these Terms immediately prior to finalising any orders placed on our website.
These Terms and Conditions constitute the entire agreement between Sleep Sophie and You with respect to Your use of this Website and Your purchase of Products from Us.
These Terms and Conditions and any separate agreements where we provide You Products or Services shall be governed by and construed in accordance with the laws of Queensland. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
You agree to provide current, complete and accurate purchase and account information for all purchases made.
We will not be liable for any delay in performing any of Our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control. If We do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by Us.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
If any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree and acknowledge that, in the event that We merge, sell or otherwise change control of Our company, Our business or the Website to a third party:
(a) We shall be permitted without giving notice or seeking prior consent from You to disclose the personal information and other data that we have collected from You to that third party; and
(b) We shall be entitled to assign the benefit of any agreements we have with You to the third party.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products or the Service.
The prices of Products are shown in Australian dollars (AUD) and include GST where applicable. All payments must be received in full prior to dispatch. Payment options for Products you wish to purchase will be provided at the point of purchase, which are subject to change without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the Product against your order. In such instances we do not guarantee that the Product will be available should you try to order it again.
Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by You are offers to purchase particular Product/s or Service/s in accordance with these Terms at the price specified.
To the extent permitted by law including the Australian Consumer Law, We reserve the right to accept or reject Your offer for any reason (or no reason), including without limitation the unavailability of any Product, limitations on quantities available for purchase, an error in the price or Product description, problems identified by our credit department, or an error in Your order. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the normal returns process outlined below (see “Refund Policies”).
To the extent permitted by law (including the Australian Consumer Law), You will at all times indemnify, and keep indemnified, Us and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms.
Sleep Sophie will not be held responsible for inaccuracies or errors caused by incorrect information supplied to Us or by manufacturers or suppliers changing product specifications without notice to Us. You agree to make Your own enquiries to verify information provided and to assess the suitability of products before You order Products.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to You.
You expressly agree that Your use of, or inability to use, the Service is at your sole risk.
Other than to the extent required by Australian Consumer Law, the Service is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied. To the extent permitted by law (including the Australian Consumer Law), You acknowledge that any reliance on any such advice, opinions, statements, articles or other information shall be at Your sole risk. Sleep Sophie reserves the right to correct any errors or omissions in any portion of this Website. You understand and agree that except as required by law (including the Australian Consumer Law),
Unless we are not permitted to do so by law (including under the Australian Consumer Law), Sleep Sophie excludes all liability to You or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage You or any other person might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) acting or not acting on any information contained or referred to on the Website and/or any linked website;
(c) personal injury or property damage of any nature resulting from Your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those 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 our Website by any third party; and/or
(g) the quality of any product or service of any linked website.
Except as required by law (including the Australian Consumer Law), in no event shall We or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to You or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with Our Website, the use or inability to use Our Website or the Contents, or these Terms (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Sleep Sophie has been advised of or should have known of the possibility of such damages.
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at Your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Occasionally there may be information on the website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.