Terms and Conditions
We are all about our customers' needs
Solace Sleep terms and conditions overview
The Solace Sleep brand is owned and operated by Solace Sleep Pty Ltd (ABN: 38 631 781 765). Solace Sleep allows you to find a new way to discover sleep. Please consider our terms and conditions as these govern the contract of sale and the interactions through our website and associate communication channels. This includes all interactions and communication with Solace Sleep through this website or social media channels. Solace Sleep may be referred to as ‘we’, ‘us’ and ‘our/ourselves’ in these terms and conditions. In relation to the website user, this may be referred to as ‘you/your’, ‘customer’, ‘consumer’ and the ‘viewer’.
The terms and conditions set the parametres of engagement and how we interact with you. This includes the offer of sale of our products and our commitments to you as a customer in relation to your consumer rights and privacy. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.These Terms apply to anyone using the website, online, via phone or instore, this may include (but not be limited too) users who are browsers, vendors, customers, merchants, and/or contributors of content.
When agreeing to purchase product through our website you are acknowledging the fact you have read and understood and agree with our terms and conditions at the time of purchase. Furthermore, with your agreement to our terms and conditions or purchasing our products, you are acknowledging you are over the age of 18 or have consent from a parent or guardian to engage with our business through pursuing the website or purchasing product.
Intellectual Property Rights
Copyright in this website (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 website terms and conditions, 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 this website including the information displayed on this website; or
- commercialise any information, products or services obtained from any part of this website. Trade marks
- Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark or a common law trade mark, as the case may be.
- You must not use any trade mark which is owned or exclusively licensed by us without our prior written permission. Intellectual Property Rights in Goods
- Goods sold through this website may be protected by intellectual property rights including (without limitation) Patent, Trade Marks 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 you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third-party through your use of the site or services, it is you and not Solace Sleep that will be liable.
At Solace Sleep, we take our customers’ 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.
Specifically, we do not direct out website to children under the age of 13 years and we do not intentionally collect, store or in any way use personal information from children younger than 13 years. If you are a parent or legal guardian and think your child under 13 has given us information, please contact us by email to [email protected]. In cases where you have authorized a minor (someone under 18 years of age) to use the Site 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 Site or Services; and
- the consequences of any misuse by the minor.
- The kinds of information we collect and hold
Depending on the particular 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 purposes(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 relation to transactions, products, services and activities on our Site;
As well as other similar Personal Information that is needed to register or subscribe you to our services or offers. If we ever ask for significantly different information, 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 Site, provide you with access to our other products and services, or to fulfil one or more of our functions and activities applicable to you.
- Non-identifiable information
Non-identifiable information is data that have 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 the Site, our Company servers 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 Site
- the pages within www.solacesleep.com.au you visit
- the time spent on those pages, items, and information searched on our Site, access times, dates and other statistics.
Non-identifiable information is collected for analysis and evaluation in order to help us improve our Site 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 a number of ways, including:
- browse our Site;
- save an item;
- register on our Site;
- log into the Site 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; or
- 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
- 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 services providers. We take the privacy and security of your Personal Information seriously and we use a number of 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.
To further secure your credit card, we also don’t keep details of your credit card information, including the security code (or CCV number) that you need to input in order to complete an order using your credit card.
However, no data transmission over the internet can be guaranteed as completely secure. Once any information is in our possession, we will take reasonable steps to protect that information from misuse, loss, unauthorized access, and modification or disclosure. While we strive to protect such information, we cannot guarantee 100% the security of any information (personal or other) you transmit to us. Therefore, we will not be liable for any breach of security or unintended loss or disclosure of information due to the Site being linked to the Internet.
- 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 your information to improve or develop our products and services;
- to provide you with better customer services;
- to perform research and analysis;
- to carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way The Iconic 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 may also use your information so that we, our related entities, other business or commercial partners can promote and market products, services and special offers that will be of interest to you (which may include products, services and offers provided by a third party).
We collect aggregated information about you which informs us about our users. The browser information we collect is used in an aggregated, anonymous manner in our internal analysis of traffic patterns within our Site. This information is used by us to administer and improve our education and training products and services.
- When we disclose your information
We engage a range of third parties to provide services and perform business support functions for us. Some of those third parties need access to Personal Information in order to provide the services or perform the functions we require. Therefore, we may disclose your information to these third parties to:
- assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
- conduct market research and marketing strategy analysis; and
- manage or develop our business and corporate strategies and functions.
Where we share your Personal Information with third party service providers, they will be contractually bound to use the information only for the purposes of providing the services or performing the functions required by us and to store the information securely, for example, storing in non-human readable form to ensure the security of your information.
We use “cookies” when you visit our Site. It is a technology that enables us to operate an efficient service and track the patterns of behaviour of visitors to the Site. There are four main types of cookies – here’s how and why we use them.
- Site functionality cookies – these cookies allow you to navigate the Site and use our features, such as “Add to Cart”, “Shop” and “Add to Wishlist”.
- Site analytics cookies – these cookies allow us to measure and analyse how our customers use the Site, to improve both its functionality and your shopping experience.
- Customer preference cookies – when you are browsing or shopping, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.
- Targeting or advertising cookies – these cookies are used to deliver marketing and advertising materials that are relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
By using our Site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Site in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions of our Site
Notwithstanding any other provision, we may also engage a third-party service provider who may combine your information with information from other; and may place or recognize a unique cookie on your browser for the purpose of identifying users and delivering to them interest-based content and advertisements. To opt-out of third-party cookies, please contact us at [email protected]
- How to access or correct your Personal Information
Under the Privacy Act, individuals have a right to complete access to their records. 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.
You can update your Personal Information anytime by accessing your account on the Site. If you wish for your Personal Information to be removed from our database, please contact us at [email protected]
- How to make a complaint about a breach of privacy
- Changes to this Policy
Use of our website
Please note that there are links that are attached to the websites. These links may remain in place or may not remain in place. We will not be responsible for the privacy policies of other parties. When accessing our website, it is your responsibility to ensure it not illegal. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Solace Sleep takes no responsibility for any such damage which may arise in connection with your use of the Website.
- You may offer to purchase goods described on this website for the price specified on this website.
- You may choose to open an account so you can check your order process or just go straight through to purchase. By opening an account, you will have access to exclusive promotions and other communication from us.
- 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 based on these terms and conditions.
- Your order must contain your name, email address and any other ordering information required by this website 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 to be made to, we cannot deliver to a P.O Box.
- Within seven days of receipt of your order, will at our discretion accept or reject your offer to purchase.
- You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
- We are not required to give reasons for rejecting your offer to purchase.
- If we reject your offer to purchase the goods for any reason, neither we nor you will be under any further liability to each other arising out of your original offer or our non-acceptance of that offer.
- Delivery of the goods to you will be affected in the manner described on this website.
- Payment must be affected in the manner described on the website. Prices are inclusive of Goods and Services Tax where applicable.
- While we use our best endeavours to ensure the accuracy of information on our website, 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, notwithstanding that your order may have been confirmed and payment may have 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.
- Pricing may change without notice, unless listed in error the price that you have ordered at will be honoured by us
- We currently accept Paypal Visa/Mastercard and Direct Deposit via EFT. Afterpay , HUMM and Zip Money are also available.
- Once an order has been received and confirmed, the payment will be processed immediately. This will include any offers that are deemed pre-sold or for any reason where delivery is delayed.
- If for any reason the payment has issues or if there are suspicious activities with the payment then we will contact you promptly.
- Delivery will be made within 1 to 7 working days after dispatching from warehouse for capital cities in Australia. Country regional areas will be delivered within 15 working days after dispatching from warehouse.
- Delivery will be made free of charge, you must be available for delivery on the day or provide us for an ‘authority to leave’ your product. In the event that you provide us with an ‘authority to leave’ this will be done at your risk. Any loss or damage of product will not be covered by us.
- Any missed delivery by the transport provider will not be the responsibility of us. In some cases, situations occur during delivery which is out of our control.
- The delivery is performed by a third-party carrier, contract of sale is said to fulfilled once we have provided the carrier with the goods.
- We are not responsible for the delivery and delivery times of Goods once dispatched from our warehouses. It is the customer’s responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions (for example ‘authority to leave’).
- Re-delivery fees charged to us will be automatically charged against your payment portal or we will send an invoice to you to claim for re-delivery.
- In some cases, delays in shipping do occasionally occur, and we are not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.
- Delivery dates shown on the website are estimates only and may change without notice. It is the consumers responsibility to check with our nominated carrier.
- If delivery is delayed by our warehouse you will be advised through communication by us.
- You must have a registered physical location for delivery to be made to, we cannot deliver to a P.O Box.
- Delivery will be performed during standard business hours of 9am to 5pm Monday to Friday excluding public holidays and ceremonial events.
- Delivery of Goods by third-party carriers includes only delivery to ground floor and/or the front door (a door-to-door service) by a single delivery driver. This is strictly adhered to, please do not ask the delivery driver to do otherwise. The delivery does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is always the customers responsibility to arrange for a means (whether by requesting assistance from neighbors or friends or otherwise) to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
- For most if not all of our goods they are deemed as an “Oversize” (being a Good weighing over 25kg) item. Therefore, the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door.
- Actual colours may vary. This is due to the fact that every computer monitor has a different capability to display colours and that everyone sees these colors differently. We try to edit our photos to show the samples as life-like as possible, but please understand the actual colour may vary slightly from your monitor. We cannot guarantee that the colour you see accurately portrays the true color of the product.
- The product specifications illustrated are subject to change without notice. This may be due to available raw material such as fabrics or changes in global supply.
- The weights and dimensions provided are approximate only and should only be used as a guide
The product guarantee (the mattress set up instructions form part of the guarantee cover) it is included inside the product packaging. If this product guarantee has been misplaced or inadvertently not included in the packaging please email [email protected] and we will send you through another copy.
The product guarantee covers all main points regarding what is and what is not included. Importantly, the base foundation is critical to the performance of the mattress. Therefore, the base foundation must not be a posture slat base (typically a curved timber or timber like foundation that flexes when pressure is applied) or a base that has slats that are greater than 7cm apart. Please note that in some cases bases may have slats that are within the 7cm but still may not be supportive enough due to poor construction, such as not have a centre support with vertical support to the ground. A base must be a strong foundation with no movement or flex. If unsure, a base must have a similar support to what a mattress would get when lying directly on the floor.
In relation to adjustable bed bases, the guarantee paperwork is included in the packaging. For any reason you fail to receive the paperwork or have lost the paperwork please contact us immediately at [email protected].
Refunds and Returns
- Outside the standard offer of our free 100 night sleep trial, mattresses will not be refunded unless deemed faulty (see product guarantee for consumer obligation with product return).
- Unless the contract of sale has been fully completed there will be no refunds.
- For any returns or refunds to take place the consumer must follow the instructions provided by the team at Solace Sleep. Please contact [email protected] to get the information required. Any product returned that has not followed this procedure will not receive any refund. The consumer must comply to all request made by the team at Solace Sleep.
- A refund will only be provided after the customer has returned the goods to our warehouse or charity partner. If the product is deemed to be damaged, stained or not in original condition the consumer will not receive a refund.
- In the case of a major fault or defect (determined by Solace Sleep) of the mattress, a full refund or replacement (as per the consumer requirement) (including shipping costs) will be provided by Solace Sleep.
- Product must be sealed and returned in their original plastic packaging. There can be no signs of damage to the product.
- Our charity partners and delivery team will refuse to collect product that is damaged, stained, unhygienic, not in original packaging or for any reason they consider is unsafe or they may damage the product.
- If the product is returned to us by the consumer it is there responsibility to ensure the goods are delivered to us safely and in original condition. We take no responsibility for any issues with your nominated carrier and may refuse to accept products if we consider them to be damaged, stained or in any way not in their original condition.
- To be eligible for a return you must be the original purchaser and must have completed the contract of sale (including full payment). For the 100 night sleep trial the consumer cannot return the mattress unless there has been a minimum of 6 weeks use (sleeping on the mattress for at least 42 days).
- Within the 100 night sleep trial period (only if the product is not damaged, stained, unhygienic or any other way not in original condition) if you are not satisfied with the product please contact the team at Solace Sleep on [email protected] and we will arrange for your mattress to be exchanged (cost of freight or pick up to be paid by customer). The 100 night sleep trial is only available on mattresses, all other products (e.g., bed bases, adjustable bed foundations, pillows or any other auxiliary products) are not included in the 100 night sleep trial period.
- For all areas a return cost for your exchange will be incurred. For Brisbane and the Sunshine Coast, a return transport cost of $89 will apply for any exchange. Outside these areas the price will be incurred by the consumer or a POA will be provided by Solace Sleep.
- The 100 night sleep trial is limited to one exchange per order and a maximum of 2 exchanges per household at any time.
- If during the 100 night sleep 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 guarantee or adhere to other care instructions we will refuse collection of the mattress.
- If you exchange the mattress for another product you will be responsible for any price differences.
- To claim under this comfort guarantee the purchaser must notify us by email no later than 100 days after purchase and delivery, have slept on the mattress for a minimum of 42 days, provide proof of original purchase and proof that the mattress is undamaged and not soiled or marked.
- Nothing in these website terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these website terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these website terms and conditions or any provision of these website terms and conditions void, illegal or unenforceable.
- Subject to clause above, to the 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 this web site or any linked web site, 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 this web site;
- any condition, warranty, right or liability which would otherwise be implied in these Website Terms and Conditions or protected by law is excluded; and
- we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
- the goods offered for sale on this website are those of a kind not ordinarily acquired for personal, domestic or household use or consumption;
- prior to entering into these website terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these website terms and conditions and you have availed itself of that opportunity; and
- at no time prior to entering into these website terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
- The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these Website Terms and Conditions (by virtue of any law relevant to these Website Terms and Conditions) is excluded.
- Although we use our best endeavours to maintain the accuracy of information on this website, you acknowledge that we are not responsible for errors or incorrect information caused by the manufacturer or supplier’s change of its product description or specification without notice to us. You agree that You will make your own enquiries as to the accuracy of product information and suitability of products for your purposes.
- You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Indemnity and Liability
You waive, release, discharge and relinquish any and all claims that you have now or may have against which are connected with, arise out of, relate to or are incidental to the use of the Website.
You agree to indemnify and to keep indemnified Solace Sleep and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Solace Sleep arising out of or in connection with your use of the Website and the use of Sleep Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
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