100 Night Sleep Trial Terms and Conditions

We understand that 10 minutes in a store is hardly enough time to test out a mattress. So we’re giving you 101 nights to try out your HappySleep mattress before you make up your mind.

If after this time you’re still not satisfied, that’s okay! We’ll provide you with a full refund and donate your mattress to charity. Just call or e-mail us and we’ll take care of the rest. All we ask is that you try the mattress for a month before returning it as it takes time to adjust to a new mattress.

Some reasonable terms:

We’ll arrange for participating charities to pick it up if you’re in a metro (generally within 35km of a capital city) area. Your refund will be processed within 2 days of return of your mattress.

Outside of metro areas we ask that you drop it off at your cost to your closest distribution centre/salvation army store/mattress recycler

Conditions:

1. Try the mattress for at least 30 days.
2. Your mattress must be undamaged and free from major stains including mould growth and cigarette burns. Charities will not accept damaged or stained mattresses.
3. Available on mattresses only. No comfort policy exchange is available on accessories or bases purchased with the mattress.
4. Only 1 comfort exchange is allowed per address or associated e-mail or phone number.
5. Not valid for staff of other mattress and furniture retailers.
6. Our mattresses are collected by third parties, generally, someone will need to be home on the day of pickup.
7. Not available for payments made with international credit cards.
8. Refunds will be processed within 48 hours after successful collection of the mattress.
9. Pickups from apartments will generally require you to help the couriers bring it downstairs.

The parties, the Website, access and legal documentation

1. This website (“Website”) is owned and operated by HappySleep (ABN 88 608 011 249 ).
   2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of HappySleep (“Customer”), and b) Internet Service providers who provide their subscribers with access to the world wide web. Access by any other person to the secure areas of this Website is strictly prohibited.
   3. Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document (“Terms of Use”).
   4. HappySleep reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord but also pay particular attention to any notice by HappySleep that they have been amended.
   General Commercial Terms
2. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the “Authorised Purposes”): a) access as presented on this Website information about HappySleep, the terms of the relationship between the Customer and HappySleep, and the goods and/or services presented on this Website, and b) communicate to HappySleep the Customer’s desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
   2. Upon account opening, HappySleep will provide the Customer with a Unique Account Name and an Access Password which the Customer may use to gain access to the secure areas of this Website. The Customer may also use this Account Name and Password to gain access to the ordering area of this Website where the Customer may place an order.
   3. The Customer must not disclose the Account Name or Access Password to any third party. The Customer may disclose the Account Name or Access Password internally to any employee or family member to whom it wishes to authorise to access the secure areas of this Website and/or place orders on behalf of the Customer. The Customer must inform HappySleep immediately if the Account Name or any Password is disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Website using the Customer’s Account Name or Account Password.
   4. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and HappySleep, all orders made on this Website are subject to acceptance by HappySleep, and no order will be deemed to be accepted by HappySleep until such acceptance has been confirmed to the Customer.
   5. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by HappySleep.
   6. The decision by HappySleep whether or not to accept or fulfil any order will be based inter alia upon the Customer’s account and credit status at the relevant time. Orders accepted by HappySleep will be confirmed by e-mail to the Customer. HappySleep reserves the right to delay or cancel any order at any time (including at the time of fulfilment).
   7. If the Customer wishes to cancel any order, it must do so be telephoning HappySleep or e-mailing customer support. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left HappySleep’s premises for shipping regardless of when this occurs.
   8. HappySleep’s Customer Returns Procedure will apply to all items which the Customer wishes to return.
   9. All prices quoted are in Australian dollars and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. We reserve the right to make adjustments to information or pricing due to typographical errors, market fluctuations, manufacturers price changes etc. that may occur at any time.
   10. The Customer expressly authorises HappySleep to communicate with it via e-mail regarding any order the Customer places on this Website, the Customer’s account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. HappySleep will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to HappySleep either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to HappySleep as part of its application to gain access to this Website.
   Product Information, advertising and links to third party websites
3. This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to HappySleep pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not HappySleep, and HappySleep has included it on this Website as a convenience only. All images are for illustrative purposes only and minor variations in product appearance or packaging may occur over time. The Customer should confirm all product descriptions and specifications with HappySleep before purchase.
   2. This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by HappySleep, and HappySleep is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by HappySleep, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.
   3. This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by HappySleep, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
   4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are made by the third party advertisers and not HappySleep, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.
   Disclaimer and limitation of liability
4. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by HappySleep of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified (“Non-excludable Rights”). HappySleep does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
   2. Except as provided for by the Non-excludable Rights: a) this Website (including all Content and functions) is provided “as is” and without warranties of any kind, either express or implied, b) HappySleep and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) HappySleep does not warrant that any functions on this Website (including inter alia the Customer’s access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) HappySleep does not warrant or make any representations regarding any the Customer’s access to, or the results of the Customer’s access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
   3. Under no circumstances (including but not limited to any act or omission on the part of HappySleep) will HappySleep or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
   4. Manufacturers and service providers warranties apply where applicable.

Warranty

Manufacturers and service providers warranties apply where applicable. The warranty is in addition to, and not in substitution for, the right of the purchaser conferred by the trade practices act and/or the legislation of any State or Territory.

Returns

You are not entitled to a return if you simply.

• changed your mind
• ordered the wrong item
• found the goods cheaper elsewhere
• were aware of the relevant fault before buying the goods
• damaged the goods by misusing them.
• selected the wrong size or the goods do not fit through or in your house

Note: you may also not be able to seek a remedy if you do not have a receipt or other proof of purchase.

Return requests should be registered with HappySleep via email, or via our national number on 1300 866 088. The cost of shipping to the HappySleep outlet must be borne by the customer. HappySleep can organize a courier, but the cost must be paid on pickup from the customer’s location. Please note all warranties, which refer directly to the manufacturer, should be followed as per manufacturers terms.

Items Returned for Repair

HappySleep should be contacted first before the customer sends any items back for repair or warranty. For smaller items, the customer should return the product via mail or via bricks-and-mortar stores. For larger items, HappySleep should be contacted first to discuss relevant product warranty in regards to transportation. Repairs at the fault of the customer, transportation costs will be borne by the customer. For repairs at the fault of HappySleep or it’s suppliers,  transport costs will be borne within the first year of purchase at HappySleep’s or it’s suppliers cost and repair transportation charges beyond the first year will be at the customers cost.
Lead Time and Turnover

An return request must first be registered by email or phone. HappySleep cannot repair items if they are just sent or brought in without first registering.
Returned goods will not be available for collection until notified by HappySleep. Depending on fault or damage, longer delays may apply. If an item will be delayed longer than five days, HappySleep agrees to inform the customer via telephone and give an estimate of further delay.

Disclaimer and Indemnity

All goods supplied by HappySleep are at the purchaser’s risk immediately from delivery. However, title of the goods remains with HappySleep until the invoice is paid in full.
Prices are subject to change at the time of publication. HappySleep reserves the right to vary and change the items listed in this price list. While every effort is made to ensure accuracy of information, HappySleep cannot take responsibility for any errors and omissions.
HappySleep shall not be responsible for any loss or damage howsoever caused to the property or person of the customer or any third party as a result of any defect in the goods whether patent or latent, and the customer indemnifies HappySleep against any claims against it by any third party arising out of any such defects.
All items in this price list are subject to availability, changes in price, and changes to specifications from date of publication.
Delays

If HappySleep is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the purchaser have any claim for loss or damage against HappySleep.
Freight & Deliveries

We delivery to all of mainland Australia where our third party couriers can service. If in the event we are unable to deliver your item for whatever reason, we reserve the right to cancel your order.

Title To Goods

The goods shall remain the absolute property of HappySleep as legal and equitable owner and property in the goods shall not pass to the purchaser until the purchase price has been fully paid.

Until the purchase price has been fully paid:
1. The relationship between the purchaser and HappySleep is a fiduciary relationship and the purchaser shall hold the goods as bailee for HappySleep in such manner as to clearly identify them as being the property of HappySleep
2. The purchaser may resell the goods in the usual course of its business but it shall keep separate records of sales of the goods and shall pay the proceeds of such sales into a separate account in trust for HappySleep.
3. The purchaser shall insure the goods and shall indemnify HappySleep against any loss or damage to the goods arising after delivery to the purchaser.
4. The purchaser shall notify HappySleep promptly of any levy of execution by the third party against the goods.
Trademarks of HappySleep and its affiliates

1. The following trademarks which appear on this Website are owned by HappySleep and its affiliates.
   2. All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.