Terms and Conditions

The website www.comfortsleeping.com.au (the “website”) is owned and operated by K&C Group Pty Ltd (ABN), and referred to as comfortsleeping, “We”, “our”, “us” or the “Company”.  “You” and “your” means the user or customer of this website.

Your use of the website constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, do not use the website.

Order and Cancellation

You must be at least 18 years old to place an order with comfortsleeping.com.au  

You shall pay for the product in full when you place an order, by supplying us with your credit, debit card details or by paying through PayPal. In any event, we shall not be bound to accept the order before we have received and cleared the payment in full.

When you submit an order through the website, you agree to abide and be bound by the prevailing Terms and Conditions. We are not obliged to supply the product until we have accepted your order. An acceptance of your order with your order details will be sent to you. comfortsleeping reserves the right to decline any order, for any reason. If order has been declined, you will be provided a store credit or a full refund, depending on your preference.

If payments are made on the weekend or public holiday, the order will not be processed until the next business day.

Pricing

All prices in realsmart.com.au are quoted in Australian Dollars and GST (Goods and Services Tax) inclusive.

Comfortsleeping reserves the rights to change prices for products displayed at our website at anytime without notice. We make every effort to ensure the accuracy of our pricing. However, if an error occurred, we reserve the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price.

Sale of Good and Delivery

We only deliver to Australia at present.

The information on this site is intended and applicable for Australian consumers only.

Items will be delivered to the address you nominated while placing your order. We are not liable for late or missing deliveries if an incorrect address is given.

 If the products you purchased are unopened, unused in its original packaging, then you can ask for return within 30 days of receiving the item, and you should pay for the returning shipping cost (postage).

Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via email or phone.

Damage or Faulty Returns

You shall notify comfortsleeping within 2 working days in the unlikely event that your item arrives damaged or faulty.  In addition to a detailed description, you are required to provide images (or a short video clip if more appropriate) of the damage in order to proceed with the warranty process. Once assessed and approved by our customer service team, you will be contacted to proceed with the return, refund or replacement process. Please do not attempt to return the item without approval by us.

A refund or replacement will not be provided if products are being misused, mishandled or mistakenly installed. Customers are responsible for following the instructions and advice given by the manufacturers.

All our goods come with a warranty that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for other foreseeable losses or damage. 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. Replacement products are subject to the same warranties as the original

You are not entitled to any compensation where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an unusual way or failure to take reasonable care.

To make a claim, you must provide us with a copy of your tax invoice or any kind of proof showing that you purchased the item from us. You need to also describe the problem precisely and provide evidence to support your claim, and state whether you are requesting a replacement, repair, refund or credit.

 Intellectual Property Rights

The site and its content is protected by copyright which is owned by K & C Group Pty Ltd, or in the case of some content, by a third party. You can browse the site freely and print it out for personal or non-commercial use. Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of us.

Correction of Errors and Inaccuracies;   

Comfortsleeping makes every effort to ensure accurate product descriptions. However, the content may contain typographical, technical or descriptive errors; and may not be complete or up to date. Therefore we reserve the rights to correct any information at any time without prior notice. We also reserve the right to limit quantity, including after order is submitted or paid for. We apologize for any inconvenience caused.

We endeavor to display the colors of the products on the website as accurately as possible. The color of the product you see depends on your monitor, so it is not guaranteed that there is no color deviation from the actual product.

 

Limitation of Liability

We are not liable if products are being misused, mishandled or mistakenly installed. Our maximum total liability for any product supplied to you shall at no time exceed the amount you pay to us in respect of the product.

Indemnification

You agree to indemnify, defend, and hold harmless comfortsleeping, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Amendment

We reserve the rights to amend the Terms and Conditions at any time without notice. You should check the terms and conditions regularly. Continued use of the website will be deemed to constitute your acceptance of the updated Terms and Conditions.