Terms and Conditions

Governing the contract of sale, use of our websites, and all in-store transactions across the Solace Sleep®, Sleep Essence, and Solace Sleep and Medical Group brands.

Effective: 28 July 2026 · Last updated: 28 July 2026

Corporate Identity and Trading Entity

These Terms and Conditions apply to all products and services supplied by Solatium Pty Ltd (ABN 91 689 804 377), trading as Solace Sleep®, Sleep Essence® and Solace Sleep and Medical Group.

Historical Outline

Solatium Pty Ltd acquired certain business assets, intellectual property, and brand rights associated with the Solace Sleep business on 28 October 2025. Since then, Solatium Pty Ltd has operated the relevant trading names and is responsible for orders, products, and services. This acquisition did not include previous liabilities or obligations unless explicitly assumed or required by law, ensuring clarity and transparency for all stakeholders.

Products and services purchased, supplied, or otherwise provided before 28 October 2025 were supplied under the ownership and responsibility of the relevant previous legal entity or entities. Solatium Pty Ltd is a separate legal entity. It does not accept responsibility for the historical transactions, commitments, or obligations of those previous entities unless explicitly assumed or legally required to do so, helping clarify liability boundaries for customers.

Assistance with Historical Matters

We recognise that customers may continue to experience issues relating to products or services supplied before 28 October 2025. While Solatium Pty Ltd is not responsible for the historical liabilities or obligations of the previous operating entities, we will do our best to assist customers where reasonably possible. At its discretion, Solatium Pty Ltd may assist with matters relating to historical products, including arranging inspection, servicing, repairs, replacement parts, or other practical assistance. Any such assistance is provided on a goodwill basis and at the customer's cost, unless otherwise agreed in writing. Providing such assistance does not constitute an admission of liability, an assumption of any historical warranty or contractual obligation, or an acceptance of responsibility for the previous supplier's actions, representations, warranties, or commitments.

Where costs apply, we'll advise the customer before any chargeable work or service is undertaken, unless otherwise agreed.

Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

1. Solace Sleep Terms & Conditions Overview

The Solace Sleep®, Sleep Essence, and Solace Sleep and Medical Group brands ("Company Brands") are owned and operated by Solatium Pty Ltd (ABN 91 689 804 377) ("the Company"). Our Terms govern the contract of sale, interactions through our websites and associated communication channels, including social media, and in-store sales.

Our Company may be referred to as 'we', 'us' and 'our/ourselves' in these Terms and Conditions. In relation to the Websites and online communication channels, the user, as well as the in-store customer, may be referred to as 'you/your', 'customer', 'consumer', 'purchaser', and 'viewer'. This warranty applies to all models of adjustable beds, mattresses, electric lift chairs, and bedding accessories sold under both brand names.

By browsing the websites, or placing an Order, you agree to these Terms. These Terms apply to anyone using the websites, online, via phone or in-store. This may include (but is not limited to) users who are browsers, vendors, customers, merchants, and/or contributors of content.

You acknowledge that you are over the age of 18 or have consent from a parent or guardian to engage with our business through pursuing the websites or purchasing a product. You must ensure that your access to these websites is lawful and not prohibited by any applicable laws. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

2. Intellectual Property Rights

Copyright in our Websites (including text, data, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not, without our written permission, in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of these websites, including the information displayed on our websites; or
• commercialise any information, products or services obtained from any part of our websites.

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark or a common law trademark.

You must not use any trademark which is owned or exclusively licensed by us without our prior written permission.

Intellectual Property Rights in Goods

Goods sold through our websites may be protected by intellectual property rights, including (without limitation) Patents, trademarks, and Design rights. You must not use any Intellectual Property right which is owned or exclusively licensed by us without our prior written permission.

No infringement of third-party rights: You agree and acknowledge that you must not infringe any copyright, moral right, database right, Trademark right, design right, right in passing off, or other intellectual property right of any third party through your use of our websites and our services. Further, you acknowledge and agree that in the event of your infringing the intellectual property rights of any third party through your use of our websites or services, it is you and not us that will be liable.

3. Solace Sleep Privacy Policy

We take your privacy and security seriously. We are committed to protecting your privacy and security and to complying with the Australian Privacy Principles in the Australian Privacy Act. Our Privacy Policy forms part of our Terms.

The purpose of the Privacy Policy is to outline the personal information collected by us and the use of such information. The Privacy Policy applies to the Websites associated with our Company Brands, apps, social media and other online services, as well as information collected in person in store. In this Privacy Policy, "Personal Information" means information or opinion about an identified individual, or an individual who is reasonably identifiable in accordance with section 6 of the Privacy Act 1988 (Cth).

How we obtain, store, protect and use your personal information can be found below. You consent to the collection, use and disclosure of your personal information as described in our Privacy Policy. You also warrant that all data provided by you is accurate and up to date. Please note that it is your responsibility to maintain and promptly update any account information you might provide to us for accuracy and completeness. Where the Privacy Policy uses a word starting with a capital letter, that term will be defined in the Terms or elsewhere in this Privacy Policy. If you do not agree to the Terms of this Privacy Policy or the Terms and Conditions, you should not use the Websites.

We do not direct our websites to children under the age of 18 years, and we do not intentionally collect, store or in any way use personal information from children younger than 18 years. If you are a parent or legal guardian and believe your child under 18 has provided us with information, please contact us by email at support@solacesleep.com.au. In cases where you have authorised a minor (someone under 18 years of age) to use the Websites or Services, you acknowledge and agree that you are fully responsible for:

• the online conduct of such minor;
• controlling the minor's access to and use of the websites or services; and
• the consequences of any misuse by the minor.

4. The Application of our Privacy Policy

Kinds of information we collect and hold

Depending on the circumstances, we may collect and hold a range of different information about you. Individually identifiable information and the types of individually identifiable information we collect will depend on the purpose(s) for which we are collecting it. For example, we may ask for:

• your name;
• contact details;
• identification information;
• history records of your communication and interaction with us;
• details or history of preference, interests and behaviour related to transactions, products, services and activities on our websites.

If we ever ask for significantly different information to that set out above, we will inform you. If you do not provide certain requested Personal Information to us, we may not be able to provide you with access to and use of the Websites, provide you with access to our other products and services, or to fulfil one or more of our functions and activities applicable to you.

In order for us to provide our services, from time to time, you may disclose sensitive information, such as health issues. In such circumstances, you consent to us collecting this information. You agree that you will only disclose health information relevant to the purchase of our products. The parties also agree that this information is reasonably necessary for the business functions.

Non-identifiable information

Non-identifiable information is data that has never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our websites, our Company's server(s) may automatically record non-identifiable information that your browser sends. This data may include:

• your computer's IP address;
• browser type;
• webpage you were visiting before you came to our websites;
• the pages within our websites that you may visit; and
• the time spent on those pages, items, and information searched, access times, dates and other statistics.

Non-identifiable information is collected for analysis and evaluation to help us improve our websites and the services and products we provide. This data will not be used in association with any other Personal Information.

How we collect your information

We may collect your information in several ways, including when you:

• browse our websites;
• save an item;
• register on our websites;
• log in to the websites once registered;
• make a purchase from us;
• contact our Customer Care, either about an order or for any other reason;
• click on the Solace Sleep banners, hyperlinks or plugins;
• interact with us on our social media;
• have a conversation with our team members;
• from third parties such as our related entities, business or commercial partners;
• from publicly available sources of information; and
• we may also collect information from you online.

How we hold your Personal Information

We may store your Personal Information in hard copy or electronic format, in facilities that we own and operate ourselves, or that are owned and operated by our service providers. We take the privacy and security of your Personal Information seriously, and we use appropriate procedures and processes to ensure, where possible, the security and integrity of your Personal Information.

We protect your Personal Information by:

• restricting access to Personal Information;
• maintaining technology products to prevent unauthorised computer access;
• securely destroying your Personal Information when it is no longer needed for our record retention purposes.

We use Stripe Payments to process online payments for purchases of our products. We do not store your full credit card or debit card number, or your card security code, on our systems. Your payment information is provided to and processed by Stripe in accordance with Stripe's applicable Terms and privacy policy. Stripe may process and retain payment-related information as necessary to provide its payment services, prevent fraud, comply with legal and regulatory obligations, and manage transactions. We may receive limited payment-related information from Stripe, such as payment status, transaction identifiers, card type, and the last four digits of your card, which we use to process orders, issue refunds, maintain records, and respond to customer support queries. For more information, please refer to Stripe's Privacy Policy. We acknowledge that the transmission of information over the internet is not completely secure. While we take reasonable steps to protect your Personal Information in accordance with applicable law, we cannot guarantee the security of information transmitted to or from our websites.

How we use your information

We may use your information for a range of different purposes, including:

• to provide products and services to you;
• to communicate with you, including about products and services, competition results, special offers, and events which might interest you;
• to answer your questions and provide you with information or advice;
• to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
• to gain an understanding of your information to improve or develop our products and services;
• to provide you with better customer service;
• to perform research and analysis;
• to carry out administration, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way our company and our related bodies corporate and service providers provide products and services to you; and
• to comply with laws or regulations or to comply with any directions given by regulators or authorities.

We collect aggregated, non-identifiable information about you, which informs us about our users. The browser information we collect is used in an aggregated, anonymous manner for internal analysis of traffic patterns on our websites. We use this information to administer and improve our products and services.

Cookies

Where we use analytics or advertising cookies, you will be provided with the option to manage your preferences, including accepting or declining non-essential cookies. You may also adjust your browser settings to refuse cookies; however, this may affect the websites' functionality.

We may engage third-party service providers, such as analytics and advertising partners, who may collect information through cookies and similar technologies to provide us with services and to deliver relevant advertising to you. These third parties may use that information in accordance with their own privacy policies.

Where required by law, we will obtain your consent before placing non-essential cookies on your device. You may withdraw your consent or adjust your preferences at any time through our cookie settings tool.

How to access or correct your Personal Information

Under the Privacy Act, individuals have a right to correct their Personal Information, subject to any exceptions as set out in the Privacy Act. You may ask us in writing to provide you with details of the Personal Information we hold about you. We will endeavour to process your request as soon as practicable. In certain circumstances permitted by law, we may refuse to provide access. If we do so, we will provide you with written reasons (unless it would be unreasonable to do so) and information on how to make a complaint.

You can update your Personal Information anytime by accessing your account on the websites. If you wish for your Personal Information to be removed from our database, please contact us at support@solacesleep.com.au.

How to make a complaint about a breach of privacy

If you wish to access or correct your personal information, make a complaint, or have any questions about this Privacy Policy or our handling of personal information, you may contact us at support@solacesleep.com.au.

We take privacy complaints seriously and will consider your complaint and respond within a reasonable period. We may request additional information from you to assist us in investigating your complaint.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). Further information is available on the OAIC website at www.oaic.gov.au.

Website Changes to this Policy

This Privacy Policy forms part of our Terms. We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements or the services we offer. We will publish any updated version on our websites and, where the changes are material, we will take reasonable steps to notify you (for example, by email or by a prominent notice on our websites). Where required by law, we will obtain your consent to any changes that materially affect how we collect, use or disclose your personal information.

5. Online Ordering Procedure

• You may offer to purchase goods described on these Websites for the price specified on these Websites.
• You may place an order by going through to our shopping cart. Your order will be confirmed by email. By placing an order, you make an offer to us to purchase the products you have selected, subject to these Terms and Conditions.
• Your order must contain your name, email address and any other ordering information required by these websites to perform our service correctly. All information supplied for the purposes of ordering must be current and accurate. You must have a registered physical location for delivery; we cannot deliver to a P.O Box.
• Delivery of the goods to you will be managed in the manner described on this Website.
• Payment must be made in the manner described on the Websites. Prices are inclusive of Goods and Services Tax where applicable.
• While we use our best endeavours to ensure the accuracy of information on our websites, any representations as to stock levels and availability of products are subject to change.
• The goods are offered for sale only to persons who can make legally binding contracts. You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, even if your order has been confirmed and payment has been made. We reserve this right until the time of delivery of goods to you. If a cancellation of this nature occurs after payment has been made for the purchase, you will be entitled to a credit or refund of that payment.
• If the price changes and/or the product ordered is no longer available after placing the order, we will contact you to agree on an alternative price or offer an alternative product.
• We currently accept PAYRIGHT (provided by Navalo Financial Services Group Pty Ltd trading as PAYRIGHT), and HUMM (provided by Once Credit Pty Ltd trading as HUMM) as Buy Now – Pay Later, point of sale finance providers.
• Once an order has been received and confirmed, the payment will be processed immediately. This will include any offers deemed pre-sold or, for any reason, with delayed delivery.
• If, for any reason, the payment has issues or if there are suspicious activities with the payment, then we will contact you promptly.

6. Delivery Procedure — Online Orders / In-Home Delivery

Delivery Procedure — Online Orders

• The dispatch of ordered products from our warehouse to the third-party carrier will occur within 1 to 5 working days, and the contract of sale is considered fulfilled once we have provided the products to the third-party carrier.
• The delivery is performed by a third-party carrier; we are not responsible for the delivery and delivery times of Goods once dispatched from our warehouses. It is your responsibility to liaise with our nominated carrier regarding the delivery date. You must also make yourself available for delivery during business hours or otherwise in accordance with the third-party carrier's instructions (for example, 'authority to leave'). If you provide the third-party carrier with an 'authority to leave', this will be done at your own risk. Any subsequent loss or damage to the product will not be covered or replaced by us.
• If the Goods are not successfully delivered or accepted by you, any applicable re-delivery fees must be borne by you. Rescheduling of the delivery must be arranged by you and the third-party carrier.
• Where delays in delivery are caused by the third-party carrier, we are not liable for any loss or damages caused by the delays, nor are refunds available as a result.
• Should a third-party carrier provide delivery tracking links, any dates shown are estimates only and may change without notice. It is your responsibility to check with the third-party carrier.
• If dispatch from our warehouse to the third-party carrier is delayed, we will notify you.
• You must provide a registered physical location prior to the delivery and acceptance of Goods.
• Delivery will ordinarily be performed between 9:00 am and 5:00 pm, Monday to Friday (standard business hours), excluding days or part-days declared or prescribed as public holidays where the Services are performed (Public Holidays); and ceremonial events.
• Delivery outside these hours may be performed by prior written agreement between the parties.
• Delivery of Goods by the third-party carrier is limited to delivery at the ground floor and/or the front door. Online orders do not include carrying items inside, upstairs, in elevators, or the placement, assembly and removal of packaging, etc.

Delivery Procedures — In-Home Delivery

For the purposes of these Terms, a "Regional Outlet Sale" means a sale made by us from any of our Temporary Regional Sales Outlets (pop-up stores) nationally.

• So far as practicable, delivery and installation of goods ordered will be completed within 20 Business Days, following acceptance of an order and the agreed part or full payment received (Business Day meaning a day, other than a Saturday, Sunday or public holiday, special holiday or bank holiday in Queensland). We will contact you at least 48 hours prior to the scheduled delivery date to confirm delivery.
• You, or your authorised representative, must be present at the delivery location at the agreed time. It is your responsibility to ensure that the scheduled delivery date and time can be met.
• If you are unable to attend, you must notify us as soon as reasonably practicable, and in any event no later than 48 hours prior to the scheduled delivery time, to request a rescheduled delivery.
• Any request to reschedule:
  • must be made within a timeframe reasonably required by us, having regard to operational and logistical constraints within the relevant service area; and
  • will be accommodated subject to availability within the servicing region of the applicable Temporary Regional Sales Outlet.
• If a rescheduling request is made outside that timeframe or cannot be accommodated within our normal service scheduling, additional charges may apply to cover costs such as third-party shipping and installation fees.
• Should you, or your representative, fail to attend or otherwise make the delivery location reasonably accessible on the agreed day, we may charge a failed delivery and re-delivery administration fee of $295. In addition, should re-delivery not be possible in our timeframe for servicing the region, additional costs may be incurred to cover our reasonable costs. All fees must be paid in full prior to any re-booking or subsequent redelivery.
• Delivery dates provided by us or our third-party carriers are estimates only and are not guaranteed. You acknowledge and agree that delays may occur, including circumstances beyond our reasonable control. You are responsible for ensuring that the scheduled delivery date and time are considered when arranging any relocations, construction work, travel, holidays, or other time-sensitive commitments.
• Requests can be made for specific day deliveries; these requests are not guaranteed, and an additional delivery surcharge of $495 will apply should a request be accepted by us.

On the day of delivery, you must:

• Ensure the room designated for installation is cleared and ready for installation of the bed, chair and/or mattress, unless we have agreed to perform dismantling services or removal of existing furniture as part of the delivery services, in which case, additional fees and changes may apply to address your particular requirements as agreed.
• Ensure safe and unobstructed access to the delivery address, including all entryways, hallways, stairwells and installation areas, free from hazards, obstructions or unsafe conditions.
• Ensure that all pets and animals are appropriately secured or restrained so as not to interfere with, endanger or otherwise impede our personnel or the delivery and installation process.

7. Product Specifications

Product images are provided for illustrative purposes only. While we take reasonable care to ensure that images accurately represent the products, colours may appear differently depending on your screen settings, lighting conditions and individual perception. To the extent permitted by law, minor variations in colour between images and the actual product may occur.

Product specifications, including materials, finishes and design details, may vary from time to time due to manufacturing processes, availability of raw materials or supply chain changes.

Any such variations will not materially affect the overall quality or functionality of the product. Specifications applicable to your order will be those confirmed at the time of purchase.

The feel and comfort level of floor stock may differ from the new delivered product. Floor stock will generally have already been broken in, meaning the products' use in the store has caused the materials (foam, fabrics, etc.) to settle. This means the product can sometimes appear to have a different feel from products trialled in-store. This initial difference in feel is not a defect, and new products will settle in time.

All weights and dimensions are approximate and may vary within reasonable manufacturing tolerances. These measurements are provided as a guide only.

Nothing in this section is intended to exclude, restrict or modify any rights or remedies you may have under the ACL (meaning the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

8. Operational Noise

Adjustable beds and lift chairs are comprised of multiple structural moving parts, motors, and articulating joints. While our high build quality ensures a quiet operation, some operational noise will always be present, particularly as moving parts wear. Normal operational noise is not a defect and does not affect the product's safety or operability. For the avoidance of doubt, product guarantees and warranties do not apply to normal operational noise. Minor owner maintenance may be required over the life of your products, e.g., lubrication.

For further information and/or directions on owner maintenance, please contact Solace Sleep Support at support@solacesleep.com.au. A call-out fee of $295 may apply for non-faulty products or futile service calls. In addition, we may charge for reasonable travel time incurred.

9. Product Warranty

Where a Welcome Card is supplied with the product, the Welcome Card will include a QR code providing access to the product warranty, assembly and set-up instructions, owner's information and other product documentation. Where applicable, the reverse side of the Welcome Card will also contain a quick reference guide for the operation of the remote control supplied with the product. If the Welcome Card is unavailable, the same documentation may be accessed at www.solacesleep.com.au under the "Owner's Manuals" section. The product warranty is set out in Schedule 1 and, to the extent of any inconsistency, Schedule 1 prevails over any warranty information accessible through the QR code or website.

To assist us in complying with our product warranty, you must provide proof of original purchase, including the contract of sale and sales invoice. We may require claims to be made by or through the original purchaser, or upon reasonable evidence of purchase.

The product warranty sets out what is and is not covered. The base foundation is critical to mattress performance. The base must not be a posture slat base (typically a curved timber or timber-like foundation that flexes under pressure) or a base with slats more than 7 cm apart. A base with slats within 7 cm may still be unsuitable if inadequately constructed (for example, lacking a centre support with vertical support to the ground). The base must be a stable, rigid foundation with no movement or flex. If unsure, the base should provide support equivalent to placing the mattress directly on the floor. We do not recommend installing the adjustable base or mattress within a decorative bed frame, as this may restrict movement, increase the risk of motor failure, and result in property damage or personal injury. To the extent that any failure or damage is caused or contributed to by installation or use contrary to this clause, the product warranty may not apply. Nothing in this clause limits any rights you may have under the Australian Consumer Law.

To assist in maintaining the comfort, support and performance of the product throughout its expected service life, and to promote the even distribution of normal wear and body impressions, you should rotate the mattress 180 degrees (head to foot) at intervals of 3 to 6 months. Unless the product is expressly identified as a double-sided mattress, it must not be flipped or used upside down. You must comply with all care and maintenance instructions supplied with the product. Non-compliance may result in reduced product performance and may affect your entitlement to warranty remedies to the extent permitted by law.

Warranty exclusions

Subject to the Australian Consumer Law and to the extent permitted by law, the following exclusions apply to the product warranty:

• damage to the extent caused by you, including use of an incorrect base (as described above) or disproportionate or uneven weight applied to a mattress, including excessive body contouring due to the lack of regular mattress rotation;
• faults in fabric, cables, electrical cords, or items supplied by other retailers, resellers, or unauthorised third parties;
• unauthorised repairs or modifications carried out by you or any third party to the extent that such repairs or modifications cause or contribute to the defect;
• damage occurring during movement or relocation of the product to the extent caused by improper handling by you or a third party;
• service call costs or replacement parts required where it is reasonably determined that the issue is not due to a defect covered by this product warranty or the Australian Consumer Law, but is instead caused by your use, misuse, or failure to follow the operation procedures in the owner's manual; and
• service calls for the purpose of providing product instruction or education.

Our Goods come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if they fail to be of acceptable quality, and the failure does not constitute a major failure.

The warranty applicable to each product is set out in Schedule 1 of these Terms and applies from the date of purchase, as evidenced by your point-of-sale documentation.

10. Refunds and Returns

In all instances, we will comply with the ACL in respect of our refund and returns processes.

Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection, or simply found the goods cheaper elsewhere (e.g., do not want to take the products now, the bed cannot fit in the bedroom, don't like the colour etc).

If you believe a product is faulty, damaged or not of acceptable quality, please contact us as soon as reasonably practicable. We may require reasonable information from you (including photographs or a description of the issue) to assess your claim and, where necessary, may arrange for inspection of the product.

Where a product fails to comply with a consumer under the Australian Consumer Law, you are entitled to a remedy. In the event of a major failure, you are entitled to reject the goods and choose a refund or replacement. For a minor failure, we may elect to repair or replace the goods within a reasonable time.

Where a return is required to assess or provide a remedy, we will provide reasonable instructions for returning the goods. Our address for returns is:

We will bear the reasonable costs of returning the goods where required by the Australian Consumer Law.

Refunds will be processed within a reasonable time after we have confirmed that a refund is payable. We may withhold a refund until the goods have been returned to us or we have received reasonable evidence of their condition, except where this is not permitted under the Australian Consumer Law.

To the extent permitted by law, a refund or replacement may be refused where the issue is caused by misuse, abnormal use, or damage not attributable to a failure to comply with a consumer warranty. A refund or replacement may also be refused where the Goods are stained or damaged by you, are unhygienic or unsafe, or are otherwise unsuitable for collection, in which case our carrier or the third-party carrier may decline to collect the Goods.

Nothing in this clause excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

Outside the standard offer of our free 100-Night Mattress Comfort Exchange, mattresses will not be refunded unless deemed faulty (see product warranty for consumer obligation with product return).

You must comply with all reasonable requests made by us.

11. Order Cancellations, Exceptional Circumstances and Refunds

Customers are encouraged to carefully consider their purchase and ask any questions before signing the Sales Agreement, as no voluntary cooling-off period applies to purchases made through Solace Sleep.

All orders placed with Solace Sleep become binding upon acceptance by both parties. Once an order has been accepted, Solace Sleep may immediately allocate the ordered stock, procure products, schedule delivery and installation, engage transport providers, or otherwise commit resources specifically to fulfilling that order. For this reason, Solace Sleep does not accept cancellations, returns, or refunds where a customer simply changes their mind after entering a purchase contract, except where required under the Australian Consumer Law or where Solace Sleep, at its absolute discretion, agrees otherwise in exceptional circumstances as outlined below.

Examples of change of mind

Examples of change of mind include, but are not limited to:

• deciding the product is no longer required;
• finding an alternative product or supplier;
• changing colour, size or style preferences;
• financial circumstances changing after purchase; or
• a third party suggesting that the purchase should not proceed.

Change of mind does not constitute an exceptional circumstance and does not entitle a customer to cancel an order or receive a refund.

Exceptional circumstances

Solace Sleep recognises that genuine unforeseen events may occasionally arise after an order has been placed. In exceptional circumstances beyond the customer's reasonable control — such as death or serious illness — Solace Sleep may, at its absolute discretion, consider a request to cancel an order. Each request will be assessed on its individual merits. Any approval is entirely discretionary and does not create a precedent or entitlement for future transactions.

To be considered, any cancellation request must be received before the order has been allocated, packed, committed to a delivery schedule, or dispatched from our warehouse to a third-party contracted logistics provider tasked with the delivery of goods to the buyer.

As part of our normal delivery process, customers are generally contacted approximately 2–4 days before their scheduled delivery date to confirm delivery arrangements. Once this delivery confirmation has been issued, or the goods have been allocated to a delivery run, substantial costs have already been incurred, and cancellation will generally not be possible.

Costs where cancellation is agreed

Where Solace Sleep, at its discretion, agrees to cancel an order after these processes have commenced, the customer will remain responsible for all reasonable costs already incurred by Solace Sleep, including where applicable:

• supplier charges;
• transport and freight costs;
• return freight;
• handling and rehandling;
• unpacking and repacking;
• restocking;
• administration; and
• any other direct costs reasonably incurred in fulfilling the order.

A customer's refusal to accept delivery after the goods have been dispatched or delivered does not constitute cancellation of the purchase contract and does not create any entitlement to a refund. Where delivery is refused, Solace Sleep reserves the right to recover all reasonable costs associated with the refused delivery, including return freight, storage, handling, re-delivery and administration costs, to the extent permitted by law.

Who may request a cancellation

Any request to cancel an order must be made in writing by the person or persons named as the purchaser(s) on the original purchase contract. Where the purchaser is unable to provide instructions personally, Solace Sleep will only accept written instructions from a person who is legally authorised to act on the purchaser's behalf, such as:

• an attorney appointed under a valid Enduring Power of Attorney;
• a court-appointed administrator or guardian (where applicable); or
• the legal personal representative of a deceased estate.

Requests made by family members, friends, carers, support workers or other third parties who are not the contracted purchaser and who do not hold the necessary legal authority will not be accepted.

Solace Sleep may require reasonable evidence of a person's legal authority before processing any cancellation, refund or variation to the purchase contract.

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies available to consumers under the Australian Consumer Law. Where a customer is entitled to a remedy under the Australian Consumer Law, Solace Sleep will provide that remedy in accordance with its legal obligations.

12. 100-Night Mattress Comfort Exchange

The 100-Night Mattress Comfort Exchange operates solely as a comfort assurance program and is separate from, and not connected with, the product warranty provisions. Any concerns regarding product quality or workmanship must be dealt with in accordance with these Terms.

For the purposes of this clause, territory means all locations within Queensland, New South Wales, Victoria and South Australia that are ordinarily accessible by standard road freight services operating along the primary freight corridor between Brisbane, Sydney, Melbourne and Adelaide, excluding remote, regional or off-route locations for which additional freight charges or special delivery arrangements would ordinarily apply. Within the territory, a return transport cost of $789 (per item) will apply for any exchange. Outside of the territory, we will provide a price upon application to cover the additional transportation costs.

The 100-Night Mattress Comfort Exchange is limited to one exchange per order.

If, during the 100-Night Mattress Comfort Exchange trial, you neglect to use a protective cover such as a mattress protector or use the mattress on a base that is not covered by our warranty or adhere to other care instructions, we will refuse collection of the mattress.

Where an exchange is made for a product with a higher price than the original purchase price, you are responsible for paying the difference. An exchange for a lower-value product does not give rise to any entitlement to a refund or credit.

To make a claim under the 100-Night Mattress Comfort Exchange, you must:

• notify us by email no later than 100 days after the date of purchase and delivery;
• have used the mattress for a minimum period of 42 nights;
• provide proof of the original purchase (as the original purchasing party); and
• provide evidence that the mattress is undamaged and free from soiling or marks.

The minimum 42-night period is required to allow for the normal "break-in" process of a new mattress. Some initial discomfort is common, and the mattress's feel may change significantly during this period. A shorter trial period may not provide an accurate assessment of the mattress's suitability or comfort.

If purchased in conjunction with an adjustable bed base, the 100-Night Mattress Comfort Exchange does not include the adjustable bed base, and these warranties are not interchangeable. Both work independently of each other with distinctly different Terms.

13. Indemnity and Liability

To the fullest extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our websites or any linked websites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our websites.

To the fullest extent permitted by law, nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the ACL, or any other applicable law which cannot be excluded.

Where you are a consumer for the purposes of the ACL, our liability for a failure to comply with a consumer guarantee is limited, at our option, to the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing or repairing the goods. Where there is a major failure as defined in the ACL, we will comply with our obligations under the ACL.

Subject to the above, we are not liable for any indirect, incidental or consequential loss, loss of profit, loss of revenue or loss of opportunity arising out of or in connection with the supply of goods, whether in contract, tort (including negligence) or otherwise.

Our total liability to you for any claim arising out of or in connection with these Terms or the supply of goods or services is limited to the amount paid by you for the relevant goods.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. GST

Unless the GST Free Supply provision below applies, GST will be applicable to all sales and purchases as provided for in Australian taxation legislation and regulations. All prices are quoted in Australian dollars.

15. GST-Free Supply — Medical Aids and Appliances

You acknowledge and agree that certain products supplied by us may qualify as GST-free supplies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), including but not limited to sections 38-45.

Where a product is represented as GST-free, you warrant that:

1. the product is being acquired for the purpose of assisting with a medical condition, illness or disability affecting you or the end user;
2. the product is specifically required due to that medical condition, illness or disability; and
3. the information provided by you in relation to the above is true and correct.

You acknowledge that we rely on the above warranties in treating the supply as GST-free.

If any of the above warranties are incorrect or cease to be accurate, you agree that:

1. the supply may be treated as a taxable supply; and
2. you will be liable to pay an amount equal to any GST payable in respect of the supply.

16. Jurisdiction

These Terms shall be construed in accordance with the laws of the State of Queensland and, where applicable, the Commonwealth of Australia, and you submit to the non-exclusive right to the jurisdiction of the courts of Queensland.