TERMS AND CONDITIONS
MATTRESS BUILDERS WARRANTY AND CONSUMER GUARANTEES
Mattress Builders Warranty
Mattress Builders shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer. The Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. The Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: The Warranty will not apply if:
- Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Mattress Builders.
- The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
- The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
- The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
- The product is tampered with in any way.
- The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Consumer Guarantees: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisions that apply to the Mattress Builders Warranty apply to the consumer guarantees.
Consumer Guarantee remedies:
If there is a major failure with the product, the customer is entitled to:
- reject the product and get a refund;
- reject the product and get an identical replacement, or one similar in value if reasonably available; or
- keep the product and obtain compensation from Mattress Builders for the drop in value of the product caused by the major failure.
If there is a minor failure with the product, the customer is entitled, at the election of Mattress Builders, to:
- a refund of the cost of the product;
- replacement of the product; or
- have the product repaired within a reasonable time.
Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Mattress Builders is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
CANCELLATIONS AND CHANGE OF MIND POLICY
Mattress Builders shall not accept a cancellation if you simply change your mind, unless Mattress Builders chooses to do so at its absolute discretion. If Mattress Builders does accept such cancellation, the customer must pay an amount to Mattress Builders which in Mattress Builders’s reasonable view reflects the loss that Mattress Builders will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Mattress Builders shall set off this amount against any monies already paid to us by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to Mattress Builders, the customer must pay such amounts to Mattress Builders within 7 days of Mattress Builders’s request to pay.