Thank you for selecting www.lazybed.com.au (referred to as “site”, “lazybed”, “we”, “our”, or “us”). Please read these Terms and Conditions of Use (“Terms”) carefully. The Terms are a legal agreement between you and Lazybed in relation to your use of the Site and all associated services (the “Agreement”).
By accessing the Site, linking to the Site, or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
If you are under the age of eighteen (18) years you cannot place online orders with the Lazybed Site. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years of age.
The Site does not collect personal information from children under the age of 13. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
We may discontinue or change any Lazybed Site content, service, function or feature at any time with or without notice.
This Site may provide links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
If you would like to link to Lazybed you must comply with the following:
You do not have permission to use or incorporate any of our Site content and must not in-line, frame, or create any browser or border environments around our content.
The only form of linking permitted is an underlined, textual link from your site to our homepage. No other linking to this Site is permitted without our express, prior written permission.
Do not link to us in any way which suggests we have any relationship or affiliation with your site or endorses your site, products or services.
Do not present any misleading or false information about us or our products or services.
Do not use any of our logos, designs, slogans, trademarks, service marks, or any other words, or metatag data or other location information tools used to identify and select sites without first obtaining our express written permission.
We do not allow any linking to sites that contain any distasteful, offensive or controversial content, or content that can be construed as such.
Unauthorized links to our Site, or the framing of any content or information contained on our Site, or any portion of our Site is strictly prohibited unless you have obtained our prior express written permission.
Do not archive, cache, or mirror any of our pages or any portion of our pages. We reserve the right to disable any unauthorized links or frames, and hereby disclaim all liability for any material on any third party sites that may contain links to this Site.
In order to repurpose, reprint, frame, or redistribute any content from this Site, you must first request our express written permission by contacting us via the Contact section of the Site with the following information:
URL where requested use will occur; and
Details specifying the proposed linking or framing, including the content of our Site you would like to use.
10.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The Lazybed domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Lazybed or its licensors and are protected by Australian and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from Lazybed.
10.2 No Infringement of Third Party Rights: You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Lazybed that will be liable.
You have a limited licence to use our Site and Services:
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
You acknowledge that the features and services provided by us may change at any time without prior notice to you.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
You must not:
Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
Access or otherwise interact with our Site or Services using any robot, spider or other automated means
Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
13.1 License to Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use any content you provide to us in any way.
13.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback or suggestions you provide to us in any way.
13.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Site.
Breaching any laws concerning the use of public telecommunications networks.
Interfering or disrupting networks or websites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
13.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
We reserve the right to change any price at any time up until you place your order. Subject to these terms and conditions, once we have accepted your order, we will not change any pricing. Prices include delivery fees, except for rare cases in certain rural areas of Australia. All prices shown on the Site are in Australian dollars (AUD) and include any applicable GST.
Payments by you to Lazybed are processed by third payment processors such as PayPal. Your use of a third party payment processor such as PayPal is subject to any additional terms and conditions and fees imposed by such third party payment processor.
Your order will not be processed until full payment has been cleared through PayPal and received by Lazybed. We will not formally accept your offer until your order has passed both PayPal’s and our fraud prevention and validation procedures for verifying the order. Lazybed reserves the right to refuse service or to reject or cancel any order at our sole discretion.
17.1 Cancellations by Lazybed: We may cancel any order at any time prior to final delivery without any liability to you if:
the product you ordered is no longer available;
there is an error in the price or the product description posted on the Site; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
If we cancel your order we will endeavour to provide you with reasonable notice of that cancellation, and we will not charge you for the cancelled order.
17.2 Cancellations by Customer: For non-returnable products, cancellation of an existing order by the Customer at any time prior to delivery will incur a twenty percent (20%) cancellation fee, which fee shall be calculated on the total value of the purchase. This cancellation fee covers our real, legitimate and reasonable expenses and is not negotiable.
18.1 Refunds, Repairs and Returns: We will repair or replace defective goods in accordance with the terms set out below. REFUNDS ARE ONLY PROVIDED UNDER OUR 125 NIGHT TRIAL OFFER.
18.2 Lazybed 125 Night Trial: Unless your purchase is otherwise excluded, the 125 Night Trial period begins the day of your mattress purchase. If, after sleeping on your Lazybed mattress for a full 30 nights, you are not completely satisfied, contact us within 125 days of purchase to arrange for its return. To prevent exploitation of our return policy, only two mattresses per household will be covered by the 125-night trial. We will collect the mattress and donate it to our chosen charity. Exclusions: The 125 Night Trial only applies to original purchasers and does not apply to mattresses purchased at a discount under the Lazybed Referral Program. See all terms of the Lazybed 125 Night Trial.
18.3 Manufacturer’s Warranty: When you purchase a new Lazybed mattress, you automatically receive a fifteen (15) year Manufacturer’s Warranty. The Manufacturer undertakes to repair or, at its option, replace without cost to you a mattress which is found to be defective within 15 years from the date of purchase. The warranty covers any visible indentation greater than 20mm that is not a result of improper use, or the use of a frame that does not provide appropriate support.
18.4 Exclusions: The Lazybed Warranty applies to original purchasers only and you must have proof of your original purchase in order to make a claim. Only defects arising in the course of normal domestic use are covered. The Warranty does not apply where you have damaged the goods by using them in a way that was unreasonable, for example if you have damaged or misused the mattress either by accident or intentionally or damages arising because you have neglected to use a protective cover or adhere to instructions for the proper care and cleaning of your mattress. Excluded damage includes but is not limited to stains, mold and/or mildew, smoke or water damage, soiled or unsanitary mattress, burns, rips, tears, damage from an unstable, damaged or substandard base, or contamination from bodily fluids.
18.5 Change of Mind: Unless otherwise specified in our 125-night trial policy, refunds, credits or exchanges are not normally provided where you have simply changed your mind, made a wrong selection or found the goods cheaper elsewhere.
18.6 Proof of Purchase: In order to make use of your warranty and consumer guarantees you must have proof of your original purchase. Please retain your original receipt as proof of purchase in order for your warranty and consumer guarantees to be valid. These documents must be presented in the event of making a claim under the terms of the Lazybed Warranty.
18.7 Making a Claim: If you have concerns relating to your purchase, or if you wish to make a refund/repair/replacement claim, please contact us immediately by telephone or email with your name, postal address, telephone number and email. Also, you must return the mattress as your own expense unless the costs are significant, in which case we will arrange for an inspection and assessment either at your premises or ours at our cost. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Remedy may be repair, replacement or refund at our sole discretion.
18.8 Important Note – 30 Day Notice Period: To be entitled to make a claim under Warranty or consumer guarantee you must notify us of any defect within thirty (30) days after the defect has appeared, and you must provide your full name and address, the specific details of the defect and also provide us your original proof of purchase receipt.
The Lazybed Referral System
From time to time Lazybed may offer you the opportunity to be rewarded for referring others by participating in the Lazybed Referral Program. For the terms and conditions of this Referral Program, please see the Lazybed Referral System Terms.
At the time of placing your order online, you will be advised of estimated delivery times. However, depending on your location and availability to be present when goods are delivered, you may incur additional delivery fees. Your consent will be obtained prior to charging you any delivery fees. We will make every effort to deliver your goods according to the estimated delivery times provided to you at the time your order is processed. However, these delivery timelines are estimates only and are not guaranteed. The estimated delivery times are in business days and exclude weekends and public holidays.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, NY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS LAZYBED SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Nothing in these Terms and Conditions excludes the application of Australian statutory conditions and warranties to goods sold to consumers by Lazybed. SEE THE LAZYBED WARRANTY FOR DETAILS OF CONSUMER GUARANTEES AND WARRANTIES APPLYING TO GOODS SOLD BY LAZYBED VIA THIS SITE.
IN NO EVENT WILL LAZYBED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES; PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF LAZYBED IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.
You agree to defend, indemnify and hold harmless Lazybed its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Lazybed reserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with Lazybed in asserting any available defences.
We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
We make no representation that content on this Site is appropriate or available for use in locations outside Australia. If you choose to access this Site from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site in any way that violates such laws or regulations. We sell and ship goods only within Australia and we will NOT make sales/deliveries outside Australia.
26.1 Entire Agreement: This Agreement contains the entire understanding between you and us and supersedes all prior representations, agreements, statement and understandings, either verbal or in writing.
26.2 Governing Law: You agree that the laws of the state of Queensland, Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of Queensland, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
26.3 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
26.4 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
26.5 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
26.6 Software Updates: In order to keep the Site and Services up-to-date, we may offer automatic or manual updates at any time and without notice to you.
26.7 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
26.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.