TERMS OF SERVICE
TERMS OF SERVICE
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AGREEMENT
1.1. These Terms and Conditions apply to you, the Website user and your usage of the Naptime and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
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INTERPRETATION
2.1. In these Terms and Conditions:
“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in a Naptime quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights the patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.
The Website” means the internet site located at the URL http://www.naptime.com.au/ and operated by Naptime.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
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SITE USE
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Naptime will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. 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. Naptime takes no responsibility for any such damage which may arise in connection with your use of the Website.
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PRICING
4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified.
4.2. All prices listed on the Website include all applicable taxes unless otherwise specified.
4.3. All prices displayed on the Naptime website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.6 Free delivery offers are given at the sole discretion of Naptime and may incur additional charges for delivery to remote areas as defined by Naptime.
4.7 Naptime reserves the right to refuse a sale.
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PRODUCT SPECIFICATIONS
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
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ORDERS
6.1. You may place an Order by filling in the Order Form on the Naptime Website and clicking the “confirm” button. When you place your Order, we will issue you with an Order Number. We will do this 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
5.2. All weights and dimensions mentioned are approximate.
6.2. Orders will be deemed to have been received by Naptime at the time Naptime sends an Order confirmation to your nominated e-mail address.
6.3. Naptime is an online retail business and will primarily communicate with customers via telephone or e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. Naptime reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. Naptime, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.8. Naptime reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. Naptime accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
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PAYMENT
7.1. Naptime currently accepts Paypal Visa/Mastercard and Direct Deposit via EFT. Afterpay and Zip Money are also available.
7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3. If your nominated payment method triggers Naptime internal suspect transaction protocols, Naptime may contact you to confirm additional details or rescind the transaction.
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DELIVERY AND OWNERSHIP OF THE GOODS
8.1. All purchasers via the Naptime website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.
8.2. Once an order has been dispatched to the customer by Naptime in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is Naptime then liable to refund the delivery fee paid by the customer.
8.3. Naptime is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Naptime’s nominated courier company in relation to the date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by Naptime to a customer in relation to delivery will be from a third party, and as such B will not guarantee the accuracy of such information. will provide customers with tracking information to enable liaising with the carrier.
8.4. The parties acknowledge that delays in shipping do occasionally occur, and Naptime is 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.
8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact Naptime in accordance with Clause 9, and other than in accordance with that clause, Naptime is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.
8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Naptime and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.7. Naptime will not dispatch Goods to PO Box addresses.
8.8. Title and risk in the Goods pass to the customer on signing for the delivery of the Goods.
8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
8.10. Naptime’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday) unless otherwise arranged in advance with Naptime.
8.11. Where a customer wishes to cancel an order after it has been dispatched in accordance with 8.1, the cancellation is treated in accordance with the 30 Night Guarantee, whereby shipping costs and return or redirection costs are not refunded and/or are payable by the customer.
8.12. The Service and 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 and 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 neighbours 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.
8.13. For all items deemed “Oversize” (being a Good weighing over 25kg), 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, unless the customer has arranged for alternative and/or premium service in advance of dispatch with Naptime.
8.14. Due to environmental considerations, Naptime does not sell or re-use used items and does not pick-up furniture deemed, in Naptime’s sole discretion, to be damaged or faulty beyond repair, and the customer is responsible for disposal (for example, by utilising publicly available hard-waste collection or disposal processes in the customer's area).
8.15. To be eligible for a return you must be a full paying customer and have been sleeping on your mattress for 14 days before you can initiate the return. It takes time for your body to adjust and conform to a new mattress so this is why we ask you to trial the mattress for at least 14 days.
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WARRANTIES
9.1. We understand it can take time to adjust to a new mattress that is why at Naptime we offer a 30-night comfort guarantee. If you’re not completely satisfied within 30 nights, you may return your mattress for any reason. All good things take time!
To be eligible for a return, you must sleep on your Naptime mattress for a minimum of 14 nights. It can take anywhere between 2-4 weeks for your body to adjust to a new mattress. If you are not completely satisfied just contact us within 30 nights of delivery to initiate a return. We never resell a used mattress! Your original mattress will be donated to charity to help those in need.
We are confident you will know within 30 days whether this mattress is right for you. By offering a 30-night guarantee to our customers also enables us to donate the mattress to a charity. The less time a person has to soil the mattress the better the mattress will be for those really in need. This is a win-win for you and the charity and who doesn’t love winners?!
We strive to make the returns process as easy as possible by providing free pick-ups Australia-wide*. Once you contact us, we will organize a pick-up from one of our partner charities. Collections may take up to 14 business days and will occur during business hours. However, there are some areas that they may not reach. For areas outside of metro and regional cities where our partner charities may not reach, we will help you contact other local charities that may pick up from your area. If all avenues have been exhausted, we may ask for your help to deliver to your nearest charity. Once you send in your donation receipt, we will issue your full refund.
Please note that, in all cases, the original receipt showing proof of purchase is required. Any mattress that has mould, dirt, stains, smells, or bed bug infestations resulting from poor mattress care are no longer eligible for a mattress return or replacement. It is at the discretion of the charity if they will accept the mattress or not. If they do not accept the mattress collection no refund will be issued. This policy is limited to one (1) mattress to be returned per household. Please contact us directly no later than 30 nights after delivery of your mattress.
REFUNDS AND RETURNS
9.2. Other than in accordance with Naptime’s 30 Night Guarantee, (or when a fault is deemed a major fault), Naptime is not required to provide refunds.
9.3. No refunds are available for services where goods are not offered.
9.4. In order to facilitate a return under these Terms and Conditions, Customers must e-mail info@naptime.com.au
9.5. The customer must comply with directions from Naptime staff to facilitate a return.
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9.6. Returned Goods must be returned in their original packaging with all accessories, and must not show signs of defects/damaged. If a returned item is found not to be in its Original Condition by Naptime (at its sole discretion), Naptime reserves the right to refuse a refund or decide to only 50% or less of the product price paid in full by the customer. If the customer arranges to return the Goods themselves, it is the customer’s responsibility to ensure that returned items are returned safely and in its Original condition. Naptime takes no responsibility for items lost in transit.
9.7. Naptime considers that an item that has been damaged in transit or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances, withstanding the extent of said damage.
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10.1. Each Product sold on the Website is covered by a minimum 12 month Naptime Standard Warranty. This is an addition to the warranties guaranteed under the Australian Consumer Law.
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10.2. Naptime warrants all goods for the period of the warranty under normal usage, to be free from defects in material and workmanship.
10.3. Naptime’s liability under this warranty is to repair, provide spare or replacement parts, or replace entirely any part or product covered by this warranty free of charge (subject to clause 11.8).
10.4. This warranty does not cover:
- (a) Normal wear and tear;
- (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations;
- (c) Products which have not been maintained, or which have been modified;
10.5. Naptime requires any customer requesting services in accordance with this warranty to provide to comply with directions from Naptime staff in order to facilitate the investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Naptime (where applicable). Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate).
10.6. Naptime is not required to provide warranty services in accordance with this warranty unless the customer complies with the previous subparagraph, because in the absence of provision by customers of the description and images, naptime is unable to investigate and provide an appropriate solution.
10.7. 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.8. Insignificant variations in advertised dimensions or colour or grain or finish (as between Goods received by a Customer and images or descriptions shown on the Naptime website), or damage to packaging only, is not covered by this Warranty.
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INTELLECTUAL PROPERTY
11.1. All Intellectual Property in any Material on the Website is the property of Naptime. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
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INDEMNITY
12.1. 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.
12.2. You agree to indemnify and to keep indemnified Naptime and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Naptime arising out of or in connection with the your use of the Website and the use of any Naptime Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
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LIABILITY
13.1. 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.
13.2. 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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PRIVACY
14.1. We gather personal information about our customers for the purposes of:
- (a) marketing, supplying or delivering our products to you;
- (b) carrying out repair work (both in and out of warranty repairs);
- (c) improving and developing our products; and
- (d) expanding our business.
14.2. Naptime is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly because we know that you care how information about you may be used and shared.
Naptime will not sell, rent, share or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
14.3. In the process of dealing with our customers, we may collect and hold the following types of information:
- (a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
- (b) Information about roles means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
14.4. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
14.5. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example, we may retain a third party repairer to provide warranty repair. In these circumstances, we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
14.6. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us at by e-mail at info@naptime.com.au A $30.00 administration fee will be charged for the retrieval of any personal information.
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GENERAL
15.1. Naptime reserves the right to make changes to the Naptime Website and Order Terms and Conditions without notice.
15.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15.3. A failure or delay by Naptime to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Naptime does not preclude its future ability to exercise that or any other power or right.
PRIVACY STATEMENT
Naptime Pty Ltd (“Naptime”, “we”, “us”, “our”) is an online retailer of consumer goods and is bound by the Australia Privacy Principles (‘APPs’) in the Privacy Act 1988 (Cth). We understand the importance of and are committed to, protecting your personal information. This Privacy Policy explains how we manage your personal information, including our obligations and your rights in respect of our dealings with your personal information.
Please take a moment to read our Privacy Policy as it describes what happens to your personal information (that is, information or an opinion about you, whether true or not, which identifies you or from which your identity is reasonably identifiable) that is collected via our website at www.naptime.com.au (the Website).
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COLLECTION OF YOUR PERSONAL INFORMATION
Naptime will collect and hold your personal information in a fair and lawful manner, and not in an unreasonably intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. However, in certain cases, we may collect personal information from third parties, including from publically available sources.
We may collect the personal information you directly give us through some of the following means:
- a) When you make an inquiry or order in relation to goods or services through our Website;
- b) In administering and performing our contracts with you following a purchase from our Website;
- c) From other related correspondence (whether in writing or electronically);
- d) While conducting customer satisfaction and market research surveys;
- e) When administering any of our services; and
- f) As otherwise required to manage Naptimes business.
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TYPES OF PERSONAL INFORMATION WE COLLECT
The type of personal information we may collect can include (but is not limited to), your name, postal address, email address, phone numbers and billing information.
Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.
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OUR PURPOSES FOR HANDLING YOUR PERSONAL INFORMATION As a general rule, Naptime only processes personal information for purposes that would be considered relevant and reasonable in the circumstances. Naptime will only collect information that is necessary for the purposes as described in this Privacy Policy, or other purposes specifically communicated to you. Naptime uses fair and lawful methods to collect personal information.
Naptime collects, holds, uses and discloses personal information to:
- a) Provide you with our goods and services;
- b) Manage and administer those goods and services, including account opening procedures;
- c) Communicate with you, including (but not limited to), emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations;
- d) Comply with its legal and regulatory obligations; and
- e) Otherwise to manage Naptimes business.
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USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
Some of the primary purposes for which we use and disclose personal information include:
- a) Maintaining customer records;
- b) Delivery and supply of goods and services;
- c) Account keeping and invoicing;
- d) Locating and/or retrieving our goods; and
- e) Administering our accounts with you.
We may also use and disclose your personal information we collect for a secondary purpose. A secondary purpose is one which is related to the primary purpose of collection. Some of the secondary purposes for which may collect your personal information include:
- a) Marketing our goods and services to you;
- b) Goods and services development;
- c) To any third-party, person or entity we engage in relation to the primary and secondary purposes;
- d) Customer and market research;
- e) To keep you informed of any changes to our business, goods and services or other offerings that may be of interest to you; and
- ) Disclosure to any person you have consented to or which we are authorised or required by law.
We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.
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PROTECTION OF PERSONAL INFORMATION
At Naptime, your personal information is treated with the greatest of care. Naptime maintains appropriate physical, procedural and technical security for its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. This also applies to disposal, of personal information.
Naptime further protects personal information by restricting access to personal information to those who need access to do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information. Naptime does not collect sensitive information.
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DIRECT MARKETING AND OPTING OUT
Like most business, marketing is important to Naptime continued success. We believe we have a unique range of products and services that we provide to customers at a high standard. We, therefore, like to stay in touch with customers and let them know about new opportunities. We may provide you with information about new products, services and promotions.
You may opt out at any time if you no longer wish to receive commercial messages from us.
All our newsletters contain a link to unsubscribe. You will not receive newsletters from us again if you choose to unsubscribe. You also have the option of emailing info@naptime.com.au and a member of our Customer Service Team will unsubscribe you if you provide them with the email address that is subscribed. In order to make our emails more relevant and useful to you, our servers may receive a confirmation when you open an email from us. You can also make this request by contacting our Privacy Officer.
You will be included in our email newsletter mailing list (which includes special offers, competitions, new product arrival alerts and other communication related to our services or the products we offer) if you subscribe to our newsletter or if you make a purchase from us or have requested that we notify you of an items expected arrival and we expect to receive other items that are similar or complementary or if you make an inquiry with us.
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COMPUTER TRACKING AND COOKIES
This Website is not set up to track, collect or distribute personal information not entered by visitors. However, our site logs certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others.
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ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.
Naptime is not obliged to correct any of your personal information if it does not agree that it requires correction and may refuse to do so. If Naptime refuses a correction request, we will provide you with a written notice stating our reasons for refusing.
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ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.
Naptime is not obliged to correct any of your personal information if it does not agree that it requires correction and may refuse to do so. If Naptime refuses a correction request, we will provide you with a written notice stating our reasons for refusing.
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OVERSEAS TRANSFERS OF PERSONAL INFORMATION
Naptime may disclose your personal information to companies that are associated with us overseas to assist the provision of the services and other purposes described in this policy.
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RESOLVING PERSONAL INFORMATION CONCERNS
If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please email our Privacy Officer at info@naptime.com.au.
Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.
You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: enquiries@oaic.gov.au.
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CHANGES
We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.
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The last update to this document was 15 April 2019.
