PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us

www.sleepins.com.au is a website (“Site”) operated by Sleep Ins Bedding Pty Ltd ACN 678 612 121 (we, us and our).

To contact us, please email hello@sleepins.com.au 

Reference to the Site, includes any goods or products we have listed for sale on the Site from time to time, which includes is bed linen, sheets, duvet covers and related products (“Products”). 

1. Agreement

By using or visiting our Site, you confirm that you accept these Terms and that you have read and agree to comply with them. If you do not agree to these Terms, you must not use our Site. You agree you are at least 18 years old to make any purchases on our Site. 

We are the owner or the licensee of all intellectual property rights in our Site, our Products, and in the material published on the Site. All such rights are reserved.

1. We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended.

These Terms were most recently updated on 14 August 2024.

1. We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.

1. We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

1. Placing an Order for Products 

By placing a request to purchase Products under these Terms on the Site (“Order”), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated email address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract. 

Unless otherwise agreed by us, you acknowledge that all Products purchased under these Terms are intended for personal use only and will not be re-sold. 

We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.

Your Order becomes a sale when we have issued you a tax invoice. 

1. Availability & Display of Products

Where a product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the product has already been processed, we will refund any money paid to us.

The descriptions and images of our bamboo bedding products on the Site are made with the intention of providing a general understanding of the goods offered. While we endeavour to ensure that all details, descriptions, and prices of products appearing on the Site are accurate, errors may occur. If we discover an error in the price or description of a product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

Please note that while we make every effort to accurately represent and describe the characteristics of our bamboo bedding products, variations in material, colour, and size may occur. Bamboo is a natural material, and as such, its appearance and texture can vary from batch to batch. This natural variation is a hallmark of the quality and uniqueness of bamboo products, not a defect. 

We cannot guarantee that the colours displayed on the Site exactly replicate the colour of the bedding. The actual colour of the products may vary from the images shown due to the natural variation in bamboo fibres, dye lots, your screen settings, and lighting conditions at the time of photography. 

Additionally, all sizes and measurements of our bamboo bedding products are approximate. However, we make every effort to ensure that all sizes and measurements are as accurate as possible.

Whilst we have made every attempt to show textures, appearances and colours of our Products as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional Products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase. 

1.      Price and Payment

When you place an Order, we will charge you and you agree to pay the advertised price and any applicable delivery fee (“Price”).

All Prices are in Australian Dollars and are inclusive of GST. 

Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which we are not responsible. 

9.           Change of Mind Refund Policy and  60-Day Money-Back Guarantee 

Try It for 60 Nights – We encourage you to sleep on it - literally! Give your new bedding a few weeks to settle in, but if you're not completely satisfied, you can return it within 60 days of purchase for a full refund (minus shipping).

Products can be lightly sampled, opened, or unwrapped and still be eligible for a refund, exchange, or store credit.

While reasonable wear and tear is acceptable, returned items should be free from significant damage so we can give them a second life. All returned products are thoroughly cleaned and assessed before being donated to those in need through our charity partners.

Sale items are not eligible for a cash refund unless deemed faulty. A store credit will be issued for change-of-mind returns.

Eligibility for Returns

To qualify for a return, the following conditions must be met:

1. The product must be returned within 60 days of receipt.
   
   
2. Proof of purchase (e.g., receipt or order confirmation) must be provided.
   
   
3. Sale items are excluded from our 60-night money-back guarantee. However, if returned in their original packaging and in perfect condition within 60 days, a store credit will be issued.

4. Item is deemed ‘lightly sampled’ i.e. no rips, stains or significant damage to the product

Initiating a Return

To request a return, please contact us at hello@sleepins.com.au with your order number, product details, and reason for return. We will provide return instructions and the necessary return address.

Return Shipping

• Customers are responsible for return shipping costs.
• We recommend using a trackable shipping method to ensure safe and documented delivery.

Refund Process

• Once we receive the returned product, we will process a refund to your original payment method, minus shipping.
• Refunds will be processed within a reasonable timeframe after receipt.

Exceptions & Misuse Prevention

To maintain fairness, our money-back guarantee is limited to one return per household. If we detect ongoing misuse (e.g., repeated ordering and returning), we reserve the right to refuse future refunds.

For further assistance, contact us at hello@sleepins.com.au.

1. Title and Risk

Title in the Products passes to you on the date and time of delivery of the Products to you by the delivery agent. 

Risk in the product passes to you when the sale occurs.

1. Promotions, Discounts and Clearance Items  

Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by us from time to time.

Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, clearance final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.

Sale items are non-refundable for cash but can be returned for store credit if in original condition, unless deemed faulty.

We reserve the right to:

1. terminate, modify or extend any promotional offer at any time, without notice; or
2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
3. Warranties 

We warrant to you that any Product purchased from us through the Site will, on delivery:

1. conform with its description;
2. be of satisfactory quality; and
3. be reasonably fit for all the purposes for which Products of that kind are commonly supplied.

We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

In relation to Products that are faulty, defective, unsafe, or which fail to comply with a consumer guarantee under the Australian Consumer Law (ACL), we will comply with our obligations under the ACL to provide a remedy. It is important to note that our Products come with specified warranty periods. Products will not be repaired, replaced, or refunded once these warranty periods have elapsed. The warranty period for our Products is 24 months from the date of purchase. We reserve the right to refuse a warranty replacement should the defect not be deemed genuine or if the claim falls outside the nominated warranty period.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

1. Liability 

Both parties total liability, save for your non-payment of the Price which is uncapped, arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to you, or the Price paid by you in the preceding 12 months. 

Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.

Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

1. Disclaimer

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Customers should satisfy themselves that any item choice made is suitable for their intended purpose or use. We pride ourselves on our customer service and product knowledge; however, we do not provide any assurances as to the operational or material quality of bamboo bedding products or their suitability for any particular purpose, beyond the descriptions provided by the manufacturer.

We make no warranties, express or implied, that the bamboo bedding will meet your individual requirements, including but not limited to, hypoallergenic needs or specific colour and texture preferences. It is the responsibility of the customer to ensure the product meets their individual preferences and requirements before making a purchase. 

The inherent characteristics of bamboo bedding products, such as their softness, durability, and moisture-wicking properties, are generally as described by manufacturers. However, individual experiences with bamboo bedding products may vary. We encourage customers to review all product information carefully before making a purchase decision.

All bamboo bedding is intended for personal use, and any resale of our products is strictly prohibited without our prior written consent. Unauthorised resale or distribution of our bamboo bedding may result in order cancellations and further legal action.

1. Prohibited Uses

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. disclosing any user identification codes, password or any other piece of information as part of our security procedures, which are confidential. You must not disclose it to any third party;
3. use the Site or our products in any way that competes with our business; 
4. using our Site to defame, harass, threaten, menace or offend any person;
5. interfering with any other person using our Site;
6. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses piracy or programming routines ;
7. using our Site to send unsolicited email messages; or
8. facilitating or assisting a third party to do any of the above acts.

 In the event of such a breach, your right to use our Site will cease immediately.

1. Privacy

You agree to allow us to send you emails regarding our business, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices. 

1. We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

1. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.

1. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.

1. General

Termination: These Terms are effective until terminated by either party, upon reasonable notice.  In the event of termination, Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability) will survive.

Disputes: In the event of any dispute arising from, the parties must attempt to resolve the dispute in good faith.  If the parties do not resolve the dispute between themselves, they may refer the dispute to a mediator.

Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.

Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms form the entire agreement between the parties in relation to the Products. It replaces any earlier agreements, representations or discussions. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New South Wales.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the New South Wales courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.