Ergoflex® Australia Website Terms and Conditions
1. OUR TERMS AND CONDITIONS
1.1 This Website is owned and operated by Ergoflex®, trading name of EAU Pty Ltd. 7/2 Sabre Close, Anambah Business Park, Rutherford, NSW, 2320. ABN: 85 141 058 380.
1.2 By accessing and using this Website and the content and information offered on this Website, you are agreeing to these Terms and Conditions.
1.3 These Terms and Conditions apply to all transactions between us and you relating to the sale and supply of the Goods, including all quotations, contracts and variations and unless otherwise agreed in writing, these Terms and Conditions shall apply to the exclusion of any other terms and conditions.
1.4 We reserve the right to amend these Terms and Conditions at any time and your use of the Website following any amendments will represent your agreement to be bound by these Terms and Conditions as amended. We recommend that each time you access our Website you read these Terms and Conditions.
1.5 If you are uncertain as to your rights under these Terms and Conditions or you want an explanation about them please contact our Customer Services Department on 1300 791 753 or by email to sales@ergoflex.com.au.
2. DEFINITIONS
2.1 ‘Business Day’ means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
2.2 ‘Goods’ means the sale and distribution of mattresses, pillows, protectors, bed bases and associated products, services and goods.
2.3 ‘Terms and Conditions’ means these Terms and Conditions, as amended from time to time.
2.4 ‘Website’ means this website www.ergoflex.com.au.
2.5 ‘we/us’ means Ergoflex® Australia (ABN 85 141 058 380) and any subsidiaries, affiliates, employees, officers, agents or assigns.
2.6 ‘you/our’ means you as the purchaser of Goods from us pursuant to these Terms and Conditions.
3. ACCURACY OF CONTENT
3.1 We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not replace professional advice.
4. OUR GOODS
4.1 All product descriptions and content on our Website or otherwise issued by us are intended merely to present a general idea of our Goods. If you require any further details, please contact our Customer Services Department by telephone or by e-mail, providing details of the additional information needed.
4.2 Our Goods are manufactured to the highest standards in order to provide consistently excellent performance. However the variable nature of memory foam and the layered composition of the product may result in a sizing tolerance of up to 2%.
4.3 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, we will contact you within five (5) Business Days to arrange a full or
partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
4.4 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. We will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
4.5 Where your order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), we will at your option either replace the Goods or accept their return and refund any money paid for the goods. We will bear any necessary costs incurred in replacing or repairing Goods that are faulty or not as described.
4.6 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) you have read any corresponding written description of the Goods prior to submitting your order;
(c) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order; and
(d) any accessory featured with the Goods is for illustration purposes only.
5. PRICE AND PAYMENT
5.1 The price and availability of the Goods are identified on the relevant page of the Website detailing the Goods.
5.2 Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where you access the Website from an Internet Protocol address located within Australia, prices displayed will include GST. Where you access the Website from an Internet Protocol address located outside Australia, all prices will be stated in Australian Dollars and are exclusive of all Tax which may be payable in relation to your order. You are liable to pay all such Tax.
5.3 The price of all Goods are exclusive of all delivery costs.
5.4 Delivery costs, where applicable, are itemised separately from the price for the Goods.
5.5 We reserve the right to change or alter prices of Goods on the Website without notice to you, unless you have already submitted an order at a stipulated price, in which case if Goods ordered are unavailable or we need to vary the price to take account of any substantial increase in our suppliers' prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our Website or in any confirmatory correspondence, we shall notify you by email and allow you an opportunity to cancel your order without penalty.
5.6 In respect of any order, we will charge you and you agree to pay:
(a) the price for the Goods (which is the price at the time the order is submitted in Australian Dollars); and
(b) the delivery fee.
5.7 You acknowledge and agree that, unless a credit agreement is arranged with us, any payment in respect of an order must be cleared by us before Goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions and you will be notified of this.
5.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
5.9 We us an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
6. ORDERS
Placement of orders
6.1 All orders by you for the provision of Goods must be submitted through the Website or via Telephone.
6.2 An order will only be deemed to be placed by you if the order:
(a) clearly identifies the Goods to be ordered; and
(b) specifies the required date of delivery;
(c) provide us with all the necessary information relating to the supply of the Goods within a sufficient time to enable us to perform our obligations in accordance with these Terms and Conditions.
6.3 You acknowledge that all orders through the Website with respect to Goods intended for personal and domestic use only (not for re-sale) and quantity restrictions may apply as set out on the Website from time to time.
Acceptance and rejection or orders
6.4 All orders submitted to us will be acknowledged by way of email.
6.5 No order submitted by you is accepted by us until we confirm its acceptance in writing.
6.6 We reserve the right to accept or reject your order for any reason at any time without limitation.
6.7 We may in our absolute discretion refuse to provide the Goods in the event that:
(a) the Goods are unavailable for any reason whatsoever;
(b) payment for Goods previously provided to you or any of your related parties or to any other party who is, in our reasonable opinion, associated with you under the same or another agreement, has not been received by us;
(c) due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. We retain the right to determine what can and cannot delivered to any particular location.
6.8 In the event that we reject an order we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the order. We will not be liable to you for your loss or that of any third party for the rejection of an order.
6.9 Where we reject an order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
7. CANCELLATIONS, RETURNS AND REFUNDS
General cancelation and refund policy
7.1 You may cancel your order for the Goods, to the exclusion of any order for Goods which are custom made, made to specification or personalised, by notice in writing to us at any time without penalty prior to dispatch of the Goods.
7.2 If you do not cancel your order for the Goods in accordance with clause 7.1, you shall be deemed to have accepted the Goods and will not be able to return the Goods to us without penalty (except in the case of any manufacturing faults or in the case of mattresses arranged to be returned during the 30 day trial period).
7.3 If you cancel your order for the Goods after the Goods have been dispatched and wish to obtain a refund:
(a) you must accept delivery of the Goods, keep the Goods in your possession, take good care of the Goods until such time that the Goods are returned to us at your cost;
(b) where you are returning the Goods to us you must ensure that the Goods remain wrapped in their original packaging and take all reasonable measures to ensure the Goods are not damaged in transit and pay all costs of return delivery to us;
(c) where we are collecting the Goods, you must make the Goods available and accessible for collection by us, in the original packaging and the original, unassembled condition in which you received them, from the premises that you have specified to us in your cancellation notice, on the date and time that we will confirm to you;
7.4 If collection is futile on the date provided and agreed, and is no fault of our own or our courier, a second collection of fee of $100 will be deducted from your refund.
7.5 if you have entered into a related credit agreement to pay for the Goods, then your notice to cancel our agreement under clause 7.1 will also cancel the related credit agreement.
7.6 Where Goods which are returned to us by you have been damaged by you or are damaged in the return transit (and the damage is not the result of our actions or negligence) then you must pay what we consider to be a reasonable amount for the damage. That amount will not exceed the price for the Goods.
7.7 The returns period for pillows, protectors and sheets is fourteen (14) days, however we cannot accept protector or sheet returns once the protector or sheets have been opened, for hygiene reasons (except in the case of any manufacturing faults). We do not offer a trial or return period for custom made furniture including bed frames or other furniture (except in the case of any manufacturing faults).
7.8 In scenarios where an incorrect sized mattress has been purchased and
(a) has not been removed from its box-packaging the mattress can be exchanged. A delivery fee for the new mattress, a return delivery fee for the existing mattress along with a re-boxing fee ($20) will apply. This is not covered by the 30-day trial offer.
(b) has been removed from its box-packaging and/or does not fit a bed frame and is not the fault of Ergoflex and our mattress sizes then returning/exchanging the mattress is at the discretion of Ergoflex, if an exchange/return is agreed a delivery fee for the new mattress, a return delivery fee for the existing full-size mattress will be applicable. The one return per household will then apply (see clause 7.13).
7.9 In scenarios where an incorrect sized mattress protector or sheets have been purchased the above clause 7.8 will apply. However it is does not apply to custom made furniture. Refer to 7.11.
7.10 If you cancel your order for the Goods in accordance with clause 7.3 we shall refund all sums that you have paid, less:
(a) the direct costs of our delivery and collection (except in the case of any manufacturing faults or in the case of mattresses arranged to be returned during the 30-day trial period);
(b) a re-boxing/re-packaging fee of $20 for all mattresses, $15 for each pillow box;
(c) the costs of any additional comfort layers which have been purchased or contributed to (if applicable);
(d) a second collection of fee of $100 (if applicable);
(e) reasonable costs for any damage to the Goods (if applicable).
7.11 Once an order is made and accepted by us for Goods which are custom made, made to specification or personalised, you are not able to cancel an order for those Goods at any time.
Mattress 30-day trial period
7.12 We know that purchasing a mattress is a very important decision that is why we offer a 30-day trial period and free return option in most metro areas for the purchase of any Australian sized mattress in the Ergoflex mattress range.
7.13. The 30-day home trial and return service is limited to one mattress return per household.
7.14 The 30-day trial period begins on the day your mattress is delivered.
7.15 Unfortunately we are not able to offer the 30-day trial period to any business or commercial entity, including but not limited to the hospitality industry, landlords or any party with associations to any company in the mattress and/or bedding industry.
7.16 During the 30-day trial period we encourage you to trial your mattress. If within the 30-day trial period you are not entirely satisfied with your mattress you can contact us to arrange to return the mattress to us by following the return process set out in clause 7.3. Your mattress does not have to be returned to us within the 30-day trial period, you just need to instigate communication with us within this time.
7.17 You must trial your mattress for a minimum of 30 days before we are able to begin the returns process. If you wish to return your mattress before the 30-day trial period has elapsed you are welcome to do so at your own expense or we can undertake this for you however you will be charged for the cost to return your mattress including the cost to send a protective bag to you.
7.18 Returned mattresses must be in their original condition, and photographic evidence will be required before a collection can be processed.
7.19 The return service is subject to the customer reasonably repackaging the full-sized mattress (in packaging that we’ll supply when you begin the return process), and assisting the courier collecting the item.
7.20 Unfortunately we are not able to offer the free return service to any customer’s outside a 50km radius of Brisbane, Melbourne, Perth and Sydney and a 30km radious of Adelaide, Canberra, Darwin, Newcastle and Hobart. This also includes regional NSW (except the Central Coast), regional VIC, regional SA, regional WA, the NT, regional QLD, regional TAS, outlying islands, Pacific Islands, New Zealand, USA, Asia or Dubai.
7.21 Neither can we accept a return where the mattress has been used by individuals over 18 stone in weight (approx. 114kg or 252lbs) and couples of combined weight of more than 30 stone (approx. 190kgs or 420lbs).
7.22 Any mattress that is returned in a noticeably damaged or soiled state will not be processed and will be returned to you. The cost to return and cost to send the mattress back to you will be charged to you. We also reserve the right to charge you for any re delivery fees from your initial delivery, cleaning fees and/ or a new mattress cover. New covers are priced at: Single, Long Single, King Single: $100. Double, Queen and King: $149. Cleaning fees are charged at $49.99 per cover.
7.23. The returns period for pillows, protectors and sheets is fourteen (14) days, however we cannot accept protector or sheet returns once the protector or sheets have been opened, for hygiene reasons (except in the case of any manufacturing faults). If any or all accessories purchased are returned and these items were purchased as part of a bundle, then the bundle pricing is no longer valid. It is therefore not possible to purchase the bundle, return the accessories and expect to the mattress price to remain at the bundle price offered. The mattress price (and / or any accessories kept) will revert to the general sale price on offer on the day of purchase and this amount will be taken into consideration when making the refund for items returned.
7.24. We do not offer a trial or return period for custom made furniture including bed frames or other furniture (except in the case of any manufacturing faults). We do not offer a trial or return period for UK sized mattresses or UK sized mattress protectors.
7.25. Upon receipt all returned mattresses are inspected and signed off. A full refund is then issued within 48hrs for the cost of the mattress. This is made to the method in which you paid for the mattress. We do not refund the cost paid to deliver the mattress to you.
8. DELIVERY
8.1 All delivery charges where applicable and displayed on our Website are guidelines.
8.2 The applicable delivery charges for the Goods, will be determined depending upon the method of delivery and destination and confirmed to you in our acceptance of your order before dispatch and process of your order. If you don't accept any additional delivery fees, you may choose to cancel your order. In this instance, we will arrange to refund your payment.
8.3 Unless otherwise agreed in writing by you and us, the delivery of the Goods will take place at the address you have specified in your order (if the Goods are to be delivered to an address other than the registered cardholder's address, proof of address may be required).
8.4 You must ensure that when placing your order you provide us with all necessary information to enable us to deliver the Goods to you.
8.5 Any delivery time frames provided by us to you are indicative only.
8.6 You acknowledge and agree that notwithstanding anything else stated on the Website:
(a) we cannot guarantee that delivery will occur in the stated delivery time frames;
(b) delivery time frames may change from time to time due to unforeseen circumstances;
(c) except where required by applicable law, we are not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery and;
(d) are non refundable.
8.7 Provided that we deliver the Goods to the address you have specified in your order (or any other address agreed by us in writing) then the Goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the Goods). If the details provided are incorrect and delivery changed when in transit or is futile then you will be subject to any redeliver or redirection costs.
8.8 Where you are unable to accept delivery on the delivery date notified to you, you must contact us in advance to enable us to agree on an alternative date. If you fail to do so, we may charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.
8.9 Goods are delivered by a third party contracted to undertake delivery on our behalf to you and are delivered only to your doorstep. If you request that the mattress is taken upstairs or otherwise into a particular room and any damage to fixtures, fittings or the structure of the house occurs, we cannot be held responsible for the acts, omissions or negligence of such third party performing the delivery, its employees or subcontractors and for any such damage should it occur.
8.10 Upon delivery, you must inspect your Goods and check that the Goods delivered match your order. If there is obvious damage to the Goods due to transit, you must contact us immediately.
8.10.11. If you plan to open and install your mattress at a later date, we recommend keeping it compression packed for a maximum period of 4 weeks from initial delivery.
9. RISK AND TITLE
9.1 The Goods shall be at your risk from the time of delivery at the address for delivery as specified by you in your order and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time when we tendered delivery of the Goods.
9.2 Title to the Goods shall pass to you only after we have received in full (in cash or cleared funds) all sums due to us in respect of the Goods.
9.3 If the Goods come into your possession prior to us receiving payment for the Goods, then title to the Goods shall remain with us.
9.4 Until ownership of the Goods are passed to you, you must:
(a) hold the Goods as our bailee;
(b) store and hold the Goods (at no cost to us) separately from all of your other property or those of any third party in such a way that the Goods remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) not use, alter or resell the Goods; and
(e) maintain the Goods in a satisfactory condition in their original packaging and take reasonable care of them.
9.5 You grant us and our agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them and to use reasonable force in doing so.
10. WARRANTIES
10.1 In this clause:
(a) ‘defects in materials’ means any deterioration of the main memory foam layers, with an indentation of more than one inch (1"), not associated with a sag in the foundation, box spring, platform or cool sleep airflow layer;
(b) ‘Product Registration’ means Goods which are registered with us by way the guarantee registration form on our Website.
10.2 We warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in material, quality, workmanship and condition for a period of twelve (12) months from delivery. This warranty is provided only to you as purchaser of the Goods from us and is not transferrable.
10.3 Subject to the conditions set out below and Product Registration of the Goods with us within 30 days of receipt of the Goods by you, we will further warrant the Goods (to the exclusion of covers on the mattress, pillows, sheets, mattress protectors and furniture, such as bed frames) against defects in materials, quality, workmanship and condition for a total period of ten (10) years from delivery. This extended warranty is provided only to you as purchaser of the Goods from us and in accordance with the Product Registration and is not transferrable.
10.4 The cover on a mattress, pillows, sheets and mattress protectors, are warranted for a maximum of two (2) years against defects in material or workmanship, subject to the conditions set out below. This extended warranty is provided only to you as purchaser of the Goods from us and in accordance with the Product Registration and is not transferrable.
10.5 Furniture, such as bed frames are warranted for a maximum of five (5) years against defects in material or workmanship, subject to the conditions set out below. This extended warranty is provided only to you as purchaser of the Goods from us and in accordance with the Product Registration and is not transferrable.
10.6 The warranties under clauses 10.2, 10.3, 10.4 and 10.5 only apply:
(a) to Goods supplied by us within Australia only. Nothing in these warranties affects any of your statutory rights for any alleged failure of a guarantee under the Australian Consumer Law;
(b) where you give us written notice of the defect within a reasonable time of you discovering the defect; and
(c) we are given reasonable opportunity after receiving your notice of defect to examine the Goods in question and, if asked by us to do so, you return the Goods to us at our cost for the examination to take place. If the product is not found to be defective you shall be responsible for the direct cost of the customer service visit (approximately $100 fee) or the delivery of the Goods to us and back to you, as applicable.
10.7 Subject to clause 10.10, if we are in breach of our warranties in clauses 10.2, 10.3, 10.4 and 10.5 then, within 30 days of us examining the defective Goods, we shall (at our option):
(a) repair or replace such Goods (or the defective part) free of charge or at a discounted rate (not including freight) depending upon the issue in question in such circumstances we warrant that the replacement Goods will correspond with their description and will be free from defects in material, quality and workmanship at the time of delivery, but do not provide any additional express warranties for such replacement Goods; or
(b) refund the price of such Goods (or a proportionate part of the price pro rata from date of purchase and based on the price paid for the mattress at the time and warranty remaining, up to a maximum of 5yrs) provided that you deliver up the Goods for collection (or, if we so request and at our expense you return the Goods of the part of such goods which is defective to us).
10.8 The warranties in clauses 10.2, 10.3, 10.4 and 10.5 do not apply:
(a) to any normal increase in softness in the foam, which can occur during normal breaking in, or in lessening of the gradual recovery aspect of the foam, which is not a defect in materials or workmanship and does not reduce the continual pressure reducing and pressure relief properties of the Goods;
(b) to the use of the Goods by you on improper foundations, platforms or other bases, which may result in damage to the Goods;
(c) to the use of the Goods by individuals over 18 stone in weight (approx. 114kg or 252lbs) and couples of combined weight of more than 30 stone (approx. 190kgs or 420lbs);
(d) where the defect arises as a result of wilful damage, negligence, misuse, abnormal conditions or use or your failure to follow our oral or written
instructions as to the storage or use of the Goods;
(e) if the Goods have been damaged (intentionally or due to accident or neglect), including burns, cuts, water damage, smoke damage, bodily fluid contamination, stains or is otherwise abnormally soiled or unsanitary;
(f) if the tag, which identifies the goods regarding the warranty and the original invoice, has been removed or erased from the Goods , as this is your proof of purchase;
(g) if you make any further use of such goods after giving notice of the defect to us; or
(h) if you alter or repair such Goods without our prior written consent.
10.9 We make no warranty or representation that:
(a) our Goods will meet your particular requirements or comfort preferences;
(b) our Goods are a suitable remedy for any specific medical condition;
(c) our Goods will satisfy individual comfort preferences, sheet fit or height issues resulting from your bed frame size or headboard style;
(d) our Goods will be odour free, as a slight smell is usual when the goods are first unpacked;
(e) any particular results may be obtained from the use of our Goods.
10.10 We shall not be obliged to fulfil our warranties in clauses 10.2, 10.3, 10.4 and 10.5 unless:
(a) you give us written notice of the defect within a reasonable time of you discovering the defect; and
(b) we are given a reasonable opportunity after receiving your notice of defect to examine the goods in question and, if asked by us to do so, you return the goods to us at our cost for the examination to take place. If the product is not found to be defective you shall be responsible for the direct cost of the customer service visit (approximately $100 fee) or the delivery of the Goods to us and back to you, as applicable.
11. LIMITATION OF LIABILITY
11.1 We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Goods. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. We are not liable for any loss or damage whatsoever incurred as a result of or relating to the use of the Website or our Goods.
11.2 To the maximum extent permitted by law, you release us from any and all claims, loss, damages, penalties, costs, suits, demands, liabilities and expenses howsoever arising (and whether direct or indirect) suffered by you or any third party arising from or in connection with your use of our Website including without limitation the content and for any inaccessibility, interruption or outage of our Website or any corruption of data or if the content is incorrect, incomplete or out of date. You indemnify and hold us harmless against any such all claims, loss, damages, penalties, costs, suits, demands, liabilities and expenses.
11.3 This Website or any part of it may not be compatible with your browser or computer configuration and we make no representation or warranty that it is. We make no representation or warranty that your access to our Website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the Website for whatever reason.
11.4 The Australian Consumer Law may give you certain guarantees. Where liability for breach of any such guarantee can be limited, our liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods.
12. CUSTOMERS FORCE MAJEURE AND ADDITIONAL LIMITS OF LIABILITY
12.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of our obligations under these Terms and Conditions, if the delay or failure was due to any cause beyond our reasonable control including, without limitation:
(a) acts of God, fire, explosion, epidemic, pandemic or flood;
(b) war or national emergency;
(c) riot, civil commotion, lock-outs, strikes or other labour disputes;
(d) restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
(e) import or export regulations or embargoes (including the failure of our suppliers to obtain any necessary export permits, licenses or other authorisations);
(f) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
12.2 Provided that, if any event referred to in clause 12.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the agreement.
12.3 All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.4 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our gross negligence or for fraudulent misrepresentation.
12.5 Subject to clauses 12.3 and 12.4:
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to price payable by you; and
(b) we shall not be liable to you for any indirect or consequential loss or damage (including loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses and other claims or consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Terms and Conditions, or our non-performance or delayed performance thereof.
13. INTELLECTUAL PROPERTY
13.1 Any text, graphics, images, video, artwork, metadata and other data, design, organisation, compilation, advertising and all other protectable Intellectual Property displayed on our website have been reproduced by us with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit or distribute any of our Intellectual Property in any way without our express written permission. Infringement of any of our Intellectual Property will result in appropriate legal action.
14. COMPLAINTS AND DISPUTES
14.1 If you have a complaint about the Goods or our service, you should contact us:
(a) in writing to Ergoflex Australia, PO Box 111, Greta, NSW 2334; or
(b) by email addressed to sales@ergoflex.com.au; or
(c) by telephone on 1300 791 753.
14.2 In the event of any dispute between you and us arising in connection with a purchase of our Goods, we agree to use our best endeavours to try and resolve the dispute amicably through negotiations, discussion and other communication in good faith.
15. ACCESS OUTSIDE OF AUSTRALIA
15.1 Our Website may be accessed throughout Australia and overseas.
15.2 If you access our Website from outside Australia, you do so at your own risk and are responsible in complying with the laws of the jurisdiction from which you access the Website.
15.3 You consent to receiving communications from us electronically and all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. NOTICES
16.1 A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on the order (or as varied pursuant to this paragraph) and delivered personally, sent by prepaid mail to the address of the addressee specified in the relevant order, sent by email to the email address of the addressee specified in the relevant order with acknowledgement of delivery.
16.2 For the purpose of these Terms and Conditions notices can be sent to us:
(a) by post to: Ergo Flex Australia, PO Box 111, Greta, NSW 2334
(b) by electronic mail to: sales@ergoflex.com.au; or
(c) to any other address that we may notify to you in writing
17. PRIVACY AND INFORMATION COLLECTION
17.1 Use of information you have provided to us or that which we have collected and retained relating to your use of the Website and/or Goods is governed by our Privacy Policy.
17.2 By using this Website and the Goods and services associated with this Website, you are agreeing to the Privacy Policy.
17.3 To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, please see below.
18. CONFIDENTIALITY
18.1 All personal information you provide to us will be dealt with in a confidential manner in accordance with our Privacy Policy. We will use our best endeavours to keep such personal information securely protected.
18.2 We agree not to disclose, disseminate or use your personal information in any way other than stated in our Privacy Policy.
18.3 Due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
19. LINKS TO EXTERNAL WEBSITES
19.1 This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection with your use of these websites.
19.2 You should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.
19.3 We may withdraw our consent to you linking our Website at any time by notice to you.
20. ENTIRE AGREEMENT
20.1 To the extent permitted by law in relation to the subject matter of these Terms and Conditions, these Terms and Conditions and any order made pursuant to these Terms and Conditions embodies the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.
21. WAIVER
21.1 Failure to exercise or enforce or a delay in exercising or partially enforcing or exercising any right, power or remedy provided under the law or these Terms and Conditions by any party will not in any way preclude or operate as a waiver of any exercise or enforcement or further exercise or enforcement of that or any other right, power or remedy provided by law or under these Terms and Conditions.
22. GOVERNING LAW
22.1 These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in New South Wales, Australia.
22.2 You irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
22.3 We retain the right to bring proceedings against you for breach of these Terms and Conditions of use, in your country of residence or any other appropriate country or jurisdiction.
23. 12 MONTHS INTEREST FREE
23.1 12 months interest free available for purchases over $1000 and to approved applicants only. Minimum monthly repayments are required. Paying only the minimum monthly repayment amount will generally not repay a purchase within the interest free period. Any balance outstanding at the expiry of the interest free period for the purchase will be charged interest at the standard annual percentage rate, currently 19.9%. A $7.95 monthly account fee applies. A one-off establishment fee may apply. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878.
IMPORTANT INFORMATION ON PROMOTIONAL/COMPLEMENTARY ITEM RETURNS.
Free mattress returns under the risk-free trial do not include free returns on complementary items (ie; pillows) included as part of a promotion, and these must be returned at the customers expense.Alternatively, promotional/complementary items may be kept by the customer with the listed RRP deducted from any overall refund.
Ergoflex® Privacy Policy
This Website is owned and operated by Ergoflex®, trading name of EAU Pty Ltd. 7/2 Sabre Close, Anambah Business Park, Rutherford, NSW, 2320. ABN: 85 141 058 380.
Your privacy is very important to us and we are committed to protecting your privacy. We appreciate that your personal information is both important and private and we want to share with you how we take care of, and use, your personal information.
This Privacy Policy sets out how we will collect, use, store, process and share your personal information we collect through this Website. This Privacy Policy outlines what our commitment is, why we collect personal information, in what circumstances Personal Information may be shared and how you may request access to and correction of your stored personal information.
This Privacy Policy may change from time to time and if it does, the up-to-date version will always be available on the Website. This Privacy Policy is in addition to any other terms and conditions applicable to the Website.
WHAT WE COLLECT
The type of personal information we collect is dependent on the type of service or interaction you wish to receive. Personal information we collect includes, but is not limited to your:
• name;
• address;
• email address;
• credit and financial details;
• contact details.
Personal information about visitors to our Website is collected only when knowingly and voluntarily submitted.
Sometimes we will also collect other personal information, such as what your interests are, so that we can improve our service and product offering to you. You may decide not to provide your personal information to us.
We may also collect non-personally identifiable information that cannot be used to identify or contact you. Such information may include IP addresses, browser types, domain names and other anonymous statistical data.
HOW WE COLLECT IT
The personal information we collect is generally supplied directly by you through our website. For example, the details you provide us when you make an order, subscribe to our emails, join a mailing list, submit an enquiry, or provide feedback to us.
There are also certain situations in which we may collect personal information about you from someone else. For example we may collect information from third parties including public sources, our related companies, your organisation, your representatives and information service providers.
We also receive and store certain types of information through the use of 'Cookies', when you interact with our website via the Internet. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your internet browser to disable or to warn you when cookies are used. We recommend that you leave your cookies enabled as they allow our systems to recognise your browser and provide quicker and easier use of our website (see our Cookies Policy below).
COOKIES
We may use cookies on our Website from time to time. Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser. By using our Website you consent to the use of cookies.
How we use cookies
Cookies are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognise you and remember important information that will make your use of a website more convenient (e.g. by remembering your user preferences).
As cookies allow web applications to respond to you as an individual, we use cookies on our Website to tailor our Website’s operations to your needs and preferences by collecting and remembering information about you.
Performance Cookies
Performance cookies collect information about your use of the Website, such as webpages visited and any error messages; they do not collect personally identifiable information, and the information collected is aggregated such that it is anonymous. We use Performance cookies to improve how our Website works and tailor it to user needs. We use this information for statistical analysis purposes only, following which the data is removed from the system.
Functionality Cookies
Functionality cookies allow the website to remember any choices you make about the Website (such as changes to text size, customised pages).
Targeting or Advertising Cookies
We and our service providers may use targeting or advertising cookies to deliver ads that we believe are more relevant to you and your interests.
For example, we may use targeting or advertising cookies to limit the number of times you see the same ad on our Site and to help measure the effectiveness of our advertising campaigns. These cookies remember what you have looked at on the Website and we may share this information with other organizations, such as advertisers.
Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer or any information about you, other than the data you provide to us. You can choose to accept or decline cookies.
Most web browsers automatically accept cookies but you can usually modify your browser settings to decline cookies if you prefer. This may, however, prevent you from taking full advantage of the Website.
WHY WE COLLECT IT
We collect your personal information primarily to interact with you, to give you information about our goods and/or services and business and provide you with goods and/or services (including our retreats and online programs). Some of the reasons we collect personal information include, but are not limited to:
• maintaining accurate records about our stakeholders so that we meet any legal obligations;
• sending marketing communications and publications;
• delivery, administration and improvement of the products and services that we offer you;
• providing you with a newsletter subscription;
• completing other transactions with you or on your behalf;
• providing offers and promotions that may be of interest or benefit to you;
• improving and optimising your user experience;
• conducting market research or displaying targeted advertising to you online, through social media, the website or third party platforms;
• working with our related companies and service providers;
• protecting and upholding the rights, property and safety of us and our customers; and
• providing you with a premium customer experience.
We will only use your personal information for the purpose for which you have provided it and it will not be added to a mailing list or be used for any other purpose without your consent.
WHO WE SHARE IT WITH
We may exchange your personal information with other companies who perform part of our service delivery or provide other support services to us, for example, organisations that assist us with postal, data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection and maintenance services.
We may otherwise use or disclose your personal information with your consent (or if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure) or where required or authorised by law, which may include emergency situations and assisting law enforcement agencies.
Third parties to whom we disclose personal information may be located in Australia, and other countries.
STORAGE AND SECURITY OF YOUR INFORMATION
We strive to ensure the security, integrity and privacy of any personal information you submit through our Website. We periodically review and update our security measures and use software to ensure greater protection of your personal information however transmission over the internet is not guaranteed to be completely secure. The transmission and exchange of information is carried out entirely at your own risk.
We endeavour to take all reasonable steps to protect the personal information you may disclose to us or from the use of our Website. Upon receipt of your Information transmission, we will also ensure that personal information is securely stored on our systems to protect against the loss, misuse or alteration of such information.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
EXTERNAL LINKS
This website may contain links to other websites operated by third parties. Be aware that this privacy statement only applies to the personal information that we collect through this Website. We are not responsible for the collection, storage or usage of personal information at any such third party websites and you should review the privacy policy of any Website you visit.
USE OUTSIDE AUSTRALIA
We welcome visitors from outside Australia. However, this is an Australian based website and this privacy statement governs the personal information collected at this Website irrespective of where you may be located when you visit the Website and interact with it. This means your personal information may be stored outside the country in which you are located and any government authorities which have jurisdiction over the Website may be entitled to access any personal information provided.
FURTHER INFORMATION
As permitted by applicable law, you may have a right of access, rectification and delegation of information collected by you, and the right to oppose, for legitimate reasons, the processing of this information. To exercise these rights, please contact us using the contact details below. We request that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing that information to you. In certain circumstances, we may not be required by law to provide you with access or to correct your personal information. If that is the case, we will give you our reasons for that decision. Where we decide not to update your personal information, you can request us to attach to the personal information a statement of the update sought.
We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date. If you have any questions or feedback about privacy, please contact us sales@ergoflex.com.au. For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
This Privacy Policy was last updated on 15 October 2020.
