Terms and conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: SANDMAN MATTRESS COMPANY PTY LTD
ACN 004 318 638
Our address is: 50 St Georges Road, Norlane 3214 Victoria
You are: a visitor to Our Website/our customer
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
|“Our Website”||means any website of ours, and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers as well as manufacture Goods, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on Our Website. We accept Stripe, Visa and Mastercard payments only.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Prices include goods and services tax (“GST”).
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
- If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
- Goods are delivered within 21 days from the day you place an order to purchase the Goods.
- Delivery charges are determined by the size and weight of the Goods, where you live and whether Goods will require more than one person to carry them.
- When you place an online order, the delivery charges are calculated at that time or as soon as possible thereafter. Once the order has been processed, delivery location will be assessed. The order will then be confirmed along with the delivery charges.
- Additional delivery charges may be made if:
- the delivery location is outside of the original pricing zone
- access for delivery is difficult
- prior notice of difficult delivery access was not provided
- prior notice that additional personal would be required was not given or
- clear access to the delivery site was not provided.
- You will be notified if additional delivery charges must be paid. If you do not accept these additional delivery charges, you have the right to cancel your order. Sandman will happily refund your original payment in these circumstances.
- It is your responsibility to ensure mattresses will fit up stairs, through doors and hallways. It is also your responsibility to measure the space you wish your goods to fit into.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 21 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- Signing “Unchecked”, “Not Checked” or similar is not acceptable.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8. Pick up of Goods
- Where it is not possible to deliver goods, or if you request, we may make arrangements for you to collect the Goods you have purchased from us or from one of our locations.
- Assembly of Goods will be determined by location. In most cases we will be happy to assist with your mattress and base assembly. If prior notice to this request is given when placing your order online, it will be assessed and confirmed.
- Prior notice of request for assistance with assembly must be provided.
- Assembly may or may not be possible, please consider when placing your order.
10. Acceptance of delivery
- Unless prior arrangements have been made, you are required to accept delivery of your Goods within 21 days of order and delivery confirmation.
- An appropriate person must be available to receive delivery of the Goods. An appropriate person is:
- a person over the age of 18 years with proof of identity (photo id)
- a person with proof of consent to have made purchase with credit card
- a person who has made the purchase (verification/sighting of credit card may be required)
- If an appropriate person is not available at the time of delivery, your Goods will n ot be delivered. In this case, delivery will need to be arranged for another time. You may also incur additional delivery charges in this case. We will contact You to rearrange delivery.
- We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect in accordance with the attached GUARANTEE.
- All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- non-infringement of any right.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
13. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
15. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
16. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph five above.
17. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- We may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
21. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
22. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
Communications shall be deemed to have been delivered:
- if delivered by hand, on the day of delivery; and
- if send by post to the correct address, within 72 hours of posting.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.
Mattresses manufactured by Sandman Mattress Factory are guaranteed against defects in manufacture and materials for the period indicated on the label affixed to the mattress. The period commences on your date of purchase of the mattress.
This Guarantee does not cover:
- A mattress or base that is not to your comfort preference (i.e. too firm or too soft)
- A two sided mattress that has not been rotated and flipped often enough (see below for instructions)
- Normal wear and tear on a mattress, or ‘sagging’ (see below for explanation)
- Ridges in the middle of a mattress, most commonly found in King size mattresses
- A mattress that has not had a mattress protector used on it (see below for explanation)
- A mattress or base that on inspection by Sandman is found to be stained or in an unsanitary condition
- Bent or legs/castors or base damage caused by not having legs or castors kept sufficiently tight (see below for instructions)
- Mattress damage caused by sub-standard base where slats are more than 100mm apart
- Mattress damage caused by defective timber or metal slats
- Mattress damage caused by a base system that does not provide flat even support and adequate support in the centre
- Wear and tear or damage caused by mishandling
- Abuse, misuse or negligence including bending, standing or jumping on your mattress or base
- Hypersensitive and heightened sense of smell to materials used in our mattresses
The most used piece of furniture in your home is your mattress. With a little love and care it will provide you with many years of service. Here are some tips to get the most out of your mattress and base.
How often should I turn my mattress?
Majority of Sandman’s mattresses are 2 sided and made to be flipped and rotated. Mattresses can be heavy and awkward. Remember to always flip the mattress with two people to prevent injury.
Any handles should be used as a positioning device only, not to take the full weight of the mattress.
The Sandman suggest the following steps for the best and most even wear of your new mattress:
- For a brand-new mattress, it is best if rotated every 3-4 days and flipped weekly. This should be done for the first 2 months.
- For the next few months, flip and rotate your mattress fortnightly.
- After this time, flip and rotate your mattress approximately 4 times a year or seasonally.
Turning Instructions for Two People
- You should alternately rotate your mattress – end to end turn and complete flip
- Handles (where fitted) – these should be used to position the mattress and should not be used to support the full weight of the mattress
Does your mattress appear to be sagging?
It is very unusual for a mattress to sag with normal use. Body indentations that are less than 30mm on a pillow-top mattress or 25mm on a non-pillow-top mattress are body signatures caused by the comfort layers conforming to your natural body contours and are perfectly normal.
To determine if an impression is normal you will need to a measurement. Place a long, straight edge – like a broom handle – across the mattress surface. Measure from the underside of the straight edge to the top of the quilt design, not the stitching line.
Body impressions may appear to be more pronounced with King Size mattress. Utilising the entire surface of your mattress and rotating it as recommended providing even wear, particularly during the first three months life of your mattress.
Deeper body indentations may require further inspection.
Make sure the base or frame your mattress is on has no indentations as this may contribute to more pronounced body impressions forming.
Will my mattress feel the same as the one I chose in the showroom?
There may be a ‘settling’ period of four to six weeks for a new mattress. Your mattress will consist of new comfort layers, therefore, these new materials require time to conform to your body shape and weight.
If you have tried a mattress on display in one of our showrooms, you may find that your newly delivered mattress feels slightly firmer. The reason for this, firstly, is your mattress’s covers have not yet been used or had the opportunity to stretch. Over time, the mattress’s newly and tightly sewn covers will give slightly. Secondly, a mattress tried in a showroom is generally for a short period of time, whereas a full night’s sleep (approximately eight hours) is a much longer period of time to spend on a mattress. This can create a different feel on your pressure points (for example, imagine laying on the ground for 5 minutes compared to 5 hours).
What if my mattress has an odour when it is delivered?
Any odour you detect when your mattress is first delivered is generally a short-term issue and should not last any longer than two weeks. If you continue to have concerns regarding the odour, we recommend you sprinkle bicarbonate of soda on your mattress, leave for as long as possible and then vacuum off. Spraying your mattress with a fabric deodorizer may also assist. Please consider if you are hypersensitive or have a heightened sense of smell. All products that go into our mattresses are brand new and will have a smell. We cannot change or lessen these smells and you may experience some discomfort.
What Happens if I experience a heat issue with my mattress?
If you are sleeping on a pillow-top mattress, the comfort layers in the top of the mattress will conform to your body. The softer the comfort layers, the deeper you will sink into your mattress trapping heat in.
Should you experience a heat issue with your mattress Sandman suggests several options.
- Cotton bed linen, or lighter, less synthetic bed linen and pyjamas
- Wool underlays or 100% cotton mattress protectors
- Temperature reduction options in your home, such as fans and air-conditioning.
The Sandman can make alterations to the comfort layer (at a cost to you) to reduce the conformance of the mattress, increasing its firmness and air ventilation. Always remember that extra softness equals extra heat, consider this when choosing a comfort layer.
PROTECTING YOUR MATTRESS
Remove surface spills and stains immediately – do not use abrasives. Use warm soapy water to spot clean your mattress but do not saturate your mattress. For hard to remove stains we recommend using a reputable cleaning company. Vacuum regularly to remove dust. If your mattress is on slat base, it is advisable to cover the slats with a layer of fabric such as a sheet or blanket to protect against discolouration or abrasion from the slats.
Do I need a mattress protector?
The Sandman’s mattress guarantee states that a mattress protector must be used on all mattresses.
They may seem insignificant but a mattress protector serves as a shield. It will help stop moisture, perspiration, oil and even accidental spills from seeping straight into the comfort layers of your mattress. Moisture is foams number one enemy, it can lead to early body impressions and premature sagging in your mattress.
Greater steps, such as a water proof mattress protector can be used if sleepers suffer excessive sweating or incontinence issues.
Follow These Assembly Instructions
-Turn the base upside down and insert pintle into hole and turn clockwise. Repeat for all legs.
-Tighten by hand until legs are firmly in place. Turn base over.
-Check and re-tighten where necessary every three months.
CONDITIONS FOR MAKING A CLAIM UNDER THE GUARANTEE
- the defect must be reported to Sandman within four weeks of becoming apparent.
- the defect results only from faulty design or manufacture.
- you have returned the defective Mattress to us if we have so requested.
- If we agree that we are liable we will repair or replace the Mattress free of charge.
- If we repair or replace the Mattress, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
- So far as possible, the Mattress should be returned:
- securely wrapped;
- at your risk and cost.
- In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
- You are also protected by the Competition and Consumer Act 2010.
Delivery or Mattress Faults – If your mattress or base has a manufacturing fault, please contact the Sandman store via email (firstname.lastname@example.org) or phone (03 52752937). Photographs of the fault may be requested via email. From there, an inspection or replacement can be arranged if appropriate.
Goods come with full 5-10 year Guarantees. Other products sold by the Sandman are covered by 12 month Warranties. In the case of major failure in any Sandman Goods, under Australian Consumer Law, Sandman has the right to fix/repair Goods first before a replacements or refund is made.
Change of Mind, from Standard Sandman Mattress Range – If you change your mind on your order before delivery, please contact Sandman via phone as soon as possible. Unfortunately, if your goods have been dispatched, they are unable to be cancelled. If the goods are still in the process of production, they may be cancelled but will carry a restocking fee. This fee will be depend on the size and model of the Goods and the Companies discretion. Any Goods from the Standard Mattress Range made to a special size (odd size) cannot be cancelled once in production.
Change of Mind, from Sandman My Design Mattress Range – If you change your mind (or design element) on your My Design order, please contact Sandman via phone as soon as possible. Unfortunately, with these Goods being so personalised and unique, once they have gone into production, or dispatched, they are unable to be cancelled.
I do not like My Mattress, Change of Mind – Please chose/design your Goods carefully. Sandman’s Goods, due to health and safety issues, cannot be resold once unwrapped. Therefore, you cannot return a used product. If you change your mind or no longer like the feel, Goods cannot be returned.
Cancellations – Where applicable, a cancellation fee of 30% on the total purchase price will apply. Any refunds given will be refunded in the form of the original method used to pay, minus any applicable charges (such as delivery or cancellation charges).
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via [insert URL].
1.5 In this policy, “we”, “us” and “our” refer to
SANDMAN MATTRESS COMPANY PTY LTD
ACN 004 318 638
Our address is: 50 St Georges Road, Norlane 3214 Victoria
- Data protection officer
Our data protection officer’s contact details are at the address appearing in clause 1.5.
- How we use your personal data
3.1 In this clause 3 we have set out:
(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.
3.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include data entered by you in connection with an order for Goods. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is is our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.8 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
3.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.11 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.12 We may process data relating to any goods you order (“purchase data”) This data may include particulars of any order for goods made by you. The source of this data is you. This data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.13 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.14 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks.
3.15 In addition to the specific purposes for which we may process your personal data set out in this clause 3, we may also process any of your personal data] where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.16 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
- Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose [your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose particulars of orders for goods to our suppliers or subcontractors insofar as reasonably necessary for the supply of goods you order.
4.4 Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4.5 In addition to the specific disclosures of personal data set out in this clause 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- International transfers of your personal data
5.1 We will not knowingly transfer your personal data to other countries.
- Retaining and deleting personal data
6.1 This clause 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data for a minimum period of two years from receipt of an order and for a maximum period of seven years from receipt of an order.
6.4 Notwithstanding the other provisions of this clause 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy [by email or through the private messaging system on our website although we are not obliged to do so.
- Your rights
8.1 In this clause 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us.
- About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
- Cookies that we use
- Cookies used by our service providers
11.3 We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies.
- Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
- Our details
13.1 This website is owned and operated by us.
- Data protection officer
14.1 Our data protection officer’s contact details are at the address appearing in clause 1.5.