Terms And Conditions
We reserve the right to amend these Terms and Conditions at any time and use of the website following any amendments represents agreement to be bound by these terms and conditions as amended.
Our Website Services
We endeavour to ensure that our price list is current. Our price list can be accessed on our website and we reserve the right to amend our prices at any time.
Products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour or will reflect or portray the full design or options relating to that product.
By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We supply and despatch products within Australia only, and within the area serviced by our delivery contractors or agents from time to time. If the delivery address is outside the area usually covered by those contractors or agents we reserve the right to cancel the sale and refund your money in full.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
We reserve the right to amend our prices at any time.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected and we will cancel the sale and refund your money.
Title in the goods passes to you when we have received payment. Dispatch is only on a prepaid basis.
You may return products only in accordance with the terms set out in Warranty and Comfort Guarantee sections.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Use of our content in any other way infringes our intellectual property rights.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Linking our website is not permitted.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all reasonable due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Handyben Pty Ltd, registered address PO Box 1111 Queanbeyan NSW 2620, provides a 15 year warranty on mattresses purchased online from https://bloodygoodmattresses.com.au
This warranty covers;
Faulty workmanship or materials.
Body impressions or visible indentation or sag in the mattress surface, while no weight is applied, of greater than 3.5cm.
The warranty does not cover:
- Normal body impression. A mattress has a break in period where it will conform to your body's natural contours and weight. Essentially individualising itself to you. Up to and including 35mm is perfectly normal and is not covered under the warranty
- Changes in firmness preference. If over the course of use you find you are not sleeping well due to a firmness or feel issue, this is not covered under the warranty
- General wear and tear
- Damage arising from shifting or moving the mattress. E.g. if you tear or rip any of the seams while rotating the mattress, changing the sheets or moving it in general.
- Damage arising from abnormal use, or abuse
- Odour (some of the materials used have a natural odour)
- Sheet fit
- Soiled mattresses
- Minor manufacturing anomalies e.g. a small tear that can be fixed with minor hand sewing
- Use for commercial, rental or other business purpose (including but not limited to hotel use, Airbnb etc.). In such cases the warranty period is 12 months.
Any repair or replacement under warranty will not extend the period of warranty or begin a new period of warranty.
We reserve the right to choose between repairing and replacing the item. Components may vary in style, colour and material from the original.
To claim under this warranty customer should email [email protected] and include original purchase receipt and details of claim.
This warranty is not transferrable and is only available to the original purchaser. This warranty is given in addition to any consumer guarantees provided by law.
180 Night Comfort Swap Guarantee
In addition to the warranty we provide the purchaser with a 180 night Comfort Swap Guarantee on mattresses. Under that guarantee, at any time between 21 and 180 days after purchase, if the customer is not satisfied with the firmness level of their new mattress they may request to return the mattress and for us to swap it for a different model.
To claim under this Comfort Guarantee the purchaser must notify us by email no later than 180 days after purchase and delivery, provide proof of original purchase and proof that the mattress is undamaged and not soiled or marked.
The 180 night Comfort Guarantee is limited to one mattress per household, delivery address or order, does not apply if the mattress is in a location not serviced by the collecting agent or charity, or is damaged, marked or soiled. In locations unserviced for mattress collection the customer will be responsible for delivering the mattress to the nearest acceptable charity in order to exercise the comfort guarantee.
It is the customer’s obligation to be available at the time of collection to return the mattress back to our agent or us.
Promotional items such as pillows, mattress protectors, sheets or any other items supplied for no cost at the time of purchase must be returned separately to the address provided.
We will send out the new mattress when the original mattress has been booked in for collection and any promotional items have been returned.
Where the mattress has been purchased as a part of a ‘bundled offer’, the mattress purchase price refunded is the advertised cost of the mattress less the relevant discount for that bundle offer. Other goods such as sheets and protectors bought with mattresses as a part of a bundled offer are not covered by the 100 night comfort guarantee.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay to our supply or delivery to you continues for more than 14 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information that you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our website may use analytic tools that involve transmitting data to third parties in and outside of Australia. This data does not identify individual users.