Terms & Conditions

These Terms apply to every Product We sell. They set out how an order is made, what You pay, how We deliver and install, what happens if something goes wrong, and the rights You have under the Australian Consumer Law that We cannot take away. Please read them before placing an order. If anything is unclear, call Us on 1300 9 SLEEP before You order — We would rather explain it than have You agree to something You do not understand.

1. Who We Are

Sophie (Aust) ABN 86 629 259 641, trading as Sleep Sophie (“Sleep Sophie”, “We”, “Us”, “Our”).

• Business address: 14 / 25 Industrial Avenue, Molendinar QLD 4214
• Telephone: 1300 9 SLEEP (1300 975 337)
• Email: admin@SleepSophie.com.au

Sleep Sophie is a registered NDIS provider, provider number 4050070896.

2. Definitions

ACL: the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Order: Your agreement to buy a Product from Us, however it is made — by telephone, in writing, or in person.

Product: means any product supplied by Sleep Sophie, whether or not it is registered on the Australian Register of Therapeutic Goods (ARTG), which is administered by the Therapeutic Goods Administration (TGA).

Terms: these Terms and Conditions.

You and Your: the person who places an Order with Us.

3. Nothing Here Reduces Your Rights Under the Australian Consumer Law

This clause overrides every other clause in these Terms.

Our Products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy You have under the ACL or any other law, and any part of these Terms that would have that effect does not apply to the extent that it would.

If anything We say to You — in these Terms, on Our website, in an email, or in a conversation — appears to conflict with Your rights under the ACL, Your rights under the ACL prevail. Our full explanation of those rights is on Our Returns, Refunds & Statutory Rights page.

4. Quotes and How an Order Is Made

Quotes. A price We quote You is an invitation to consider buying, not an offer We are bound by. Unless the quote says otherwise, it is valid for [QUOTE VALIDITY PERIOD] from the date We give it to You.

When a contract is formed. A contract between You and Us is formed only when We confirm Your Order to You in writing. Until then there is no binding agreement, even if You have signed a document or given Us payment details.

We may decline an Order. We may decline or cancel an Order before We confirm it — for example where the Product is unavailable, where a price or specification has been published in error, or where We do not believe the Product is suitable for You. If We do, We will refund in full any money You have paid, and We will not charge You anything.

Errors. We take care with the prices and specifications We publish, but errors happen. An obvious error does not bind Us. If We discover one after confirming Your Order, We will contact You, explain it, and give You the choice of proceeding on the corrected terms or cancelling for a full refund.

5. In-Home Demonstrations

Our in-home demonstration is free and obligation-free. We bring the Product to You, set it up, and You use it while We are there, so You can judge for Yourself whether it suits You. There is no cost, and You are under no obligation to buy.

It is a demonstration, not a loan or a trial. The Product goes back with Our team at the end of the visit. We do not leave a Product in Your home to use over a period before You decide.

What We demonstrate is what You get. Where You buy after a demonstration, We supply the same model and specification We demonstrated. If any part of what We deliver would differ from what You saw, We will tell You before You place Your Order. If We do not, and the difference matters, You have rights under section 57 of the ACL — see clause 10.

6. Your Right to Cancel an Unsolicited Consumer Agreement

This clause is important, and it applies in addition to everything else in these Terms.

Under the ACL, an Order can be an unsolicited consumer agreement where it is negotiated by telephone, or in person somewhere other than Our business premises — including in Your own home — and You did not invite Us there for the purpose of negotiating that sale. Asking Us for a quote, a demonstration, an assessment, or information is not the same as inviting Us to negotiate a sale.

Where Your Order is an unsolicited consumer agreement:

• You may cancel it within 10 business days, starting the day after You signed the agreement or, if it was negotiated by telephone, the day after You received the agreement document from Us.
• You may cancel for any reason at all. You do not have to give Us one.
• You may cancel orally or in writing. There is no form to complete and no particular words You need to use. Telling Us on the phone is enough. If You post a cancellation to Us, it takes effect the moment You post it.
• Cancelling costs You nothing.
• During those 10 business days We will not deliver or install anything, and We will not accept or ask You for any payment, deposit or other consideration.
• If We fail to meet Our obligations to You under this part of the ACL, Your cancellation period extends to 3 months or 6 months, depending on which obligation We failed to meet.

We will refund You immediately on being told You have cancelled. You cannot sign away this right, and We will never ask You to.

7. Prices, GST and Payment

Prices. Prices are in Australian dollars. The price We confirm in Your Order is the price You pay.

GST. Many of the Products We supply are GST-free as medical aids and appliances under section 38-45 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), where they are specifically designed for people with an illness or disability and are not widely used by people without one. GST treatment depends on the particular Product, so We state it for each item on Your quote and Your invoice rather than applying one rule across the range. Nothing in these Terms is an agreement between You and Us that a GST-free supply is to be treated as a taxable supply.

Payment. Payment terms are set out in Your Order confirmation. Clause 6 overrides this clause: where Your Order is an unsolicited consumer agreement, We will not accept or require any payment during the cancellation period.

Finance. We offer interest-free payment options through Humm, Brighte and Payright, with no-deposit options available to approved purchasers and a choice of repayment terms.

“Interest free” means free of interest — it does not mean free of fees. Your provider may charge establishment fees, monthly account fees, late fees or other charges, and some offers require You to take out a credit card or other ongoing credit arrangement. Those costs are set by the provider, not by Us, and You should read their disclosure documents in full before You sign.

The credit contract is between You and the provider, not with Us. We are not a credit provider and We hold no Australian credit licence. We give You no credit advice and make no recommendation about whether a finance product suits You. Approval is entirely the provider’s decision. We may receive a commission if You take up finance We refer You to. If Your finance is declined, You may cancel Your Order and We will refund anything You have paid.

NDIS and other funding. Where Your Product is funded through the NDIS, Support at Home or another program, payment is handled in line with that program’s rules and any service agreement We have with You or Your plan manager. Funding decisions are made by the funding body, not by Us, and We cannot guarantee any particular outcome. We do not set Our prices by reference to whether You are funded — You pay the same price as any other customer for the same Product.

Deposits on NDIS-funded orders. Where We ask for a deposit or staged payment on an NDIS-funded Product, We will only do so where the NDIS pricing arrangements allow it: the Product is assistive technology, You have accepted a written quote from Us first, and the deposit is recorded in Your agreement. We will not claim the final part of the price, being at least a tenth of the total, until the Product has been delivered to You ready for use. If supply does not go ahead, We refund the balance of anything You have paid, less costs We have actually incurred and cannot recover. Your rights under the Australian Consumer Law are unaffected in every case.

8. Delivery and Installation

We deliver and install with Our own team, free, anywhere in Australia.

Timing. We will agree a delivery window with You and supply within a reasonable time. If something delays Us, We will tell You as soon as We know.

Access. We need safe and reasonable access to the room where the Product is going. Please tell Us before delivery about stairs, narrow doorways, lifts, parking restrictions or anything else that could make access difficult, so We can plan for it. If We cannot complete a delivery because access was not as described and We were not told, We may need to arrange another visit.

Our work is a service under the ACL. Delivery and installation are services, and they come with guarantees under sections 60 to 62 of the ACL — We must perform them with due care and skill, fit for any purpose You told Us about, and within a reasonable time. If We damage anything in the course of delivering or installing, that is Our responsibility and We will put it right.

9. Risk and Title

Risk in a Product passes to You when it is delivered and installed.

Title to a Product remains with Us until You have paid for it in full.

This clause does not give Us any right to enter Your home or to remove a Product. If an amount is unpaid, We will pursue it as a debt under clause 14.

10. Your Consumer Guarantee Rights

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Major failure. Where a Product has a major failure, You choose — a refund, or a replacement. You may instead keep the Product and ask Us for compensation for the drop in its value. A failure is major where, among other things, a reasonable consumer would not have bought the Product had they known about it, where the Product is substantially unfit for its ordinary purpose or for a purpose You told Us about and cannot easily be fixed in a reasonable time, where it differs significantly from what We demonstrated or described, or where it is unsafe.

Failure that is not major. Where a Product has a failure that can be fixed and is not major, You may ask Us to fix it within a reasonable time. In that case We choose whether to repair, replace or refund. If We refuse, or do not act within a reasonable time, You may have the failure fixed elsewhere and recover the reasonable cost from Us, or reject the Product.

We collect large Products at Our cost. Beds, mattresses and recliner chairs are large, heavy and often installed. Where You are entitled to reject a Product and it cannot be returned without significant cost to You because of its size, height or how it is installed, We will collect it, at Our expense, within a reasonable time. You will never be asked to freight a bed or a chair back to Us.

Refunds are refunds. Where You are entitled to a refund, We pay You back. We will not substitute a credit note, a gift card, or a voucher.

No conditions that are not in the law. We will not refuse a remedy because a Product has been opened, used or unpacked, because You no longer have the original packaging, because a warranty period has ended, or because a period of time has passed since delivery. We will not send You to the manufacturer instead of helping You. Your consumer guarantee rights can last longer than any warranty We give, and they apply for as long as is reasonable given the nature and price of the Product.

Compensation. In addition to a repair, replacement or refund, You may claim compensation for any other reasonably foreseeable loss or damage caused by a failure.

11. Our Warranty – and How It Sits Alongside Your Rights

We give a voluntary warranty against defects on Our Products, in addition to Your consumer guarantee rights. Warranty periods differ by Product, and the full terms — what is covered, what is not, how to claim, and who bears the cost of a claim — are set out on Our Warranty page. An extended warranty for the adjustable bed can be bought at the original point of purchase, extendable to ten years.

The benefits given to You by this warranty are in addition to other rights and remedies You have under a law in relation to the goods to which the warranty relates. Our warranty does not replace Your consumer guarantee rights, does not limit them, and does not shorten them. If Our warranty has ended, You may still have a remedy under the ACL.

What You pay for and what You do not. Your consumer guarantee rights are free and automatic. You never have to buy anything to get them. Where We offer an extended warranty for a fee, We will tell You plainly what it gives You over and above those free rights, so You can judge whether it is worth buying. It is optional, and We will not pressure You to take it.

12. Changing Your Mind

Read this clause together with clause 6, which overrides it.

We do not offer change-of-mind returns. Our Products are substantial items that We deliver and install, and the free in-home demonstration exists precisely so You can be confident before You order.

This does not affect, and is not intended to limit: Your cancellation rights under clause 6; Your consumer guarantee rights under clause 10; or Our warranty under clause 11.

13. Cancelling or Changing an Order

If You want to change or cancel a confirmed Order, contact Us as early as You can and We will do what We reasonably can to help. Where Your Order is an unsolicited consumer agreement, clause 6 applies and cancelling within the cancellation period costs You nothing.

Outside clause 6, where We have already incurred costs on a made-to-order or custom-sized Product, We may ask You to cover costs We have actually and reasonably incurred and cannot recover. We will tell You what those are before You decide, and We will not charge more than Our genuine cost. This does not apply to NDIS participants — see clause 14.

14. Overdue Accounts

This clause applies only to amounts that are genuinely owing and not in dispute.

Notice first. If an amount is unpaid after its due date, We will write to You, tell You what is owed and how it is calculated, and give You at least 14 days to pay or to tell Us why You disagree.

Interest. If an amount remains unpaid after that notice period, We may charge simple interest on the overdue amount at [INTEREST RATE]% per annum, calculated daily from the end of the notice period until the amount is paid.

Recovery costs. We may recover from You the costs We actually and reasonably incur in recovering an overdue amount and that are directly referable to recovering it. We will not charge You for costs caused by Our own error, delay or breach, costs We could reasonably have avoided, or any amount calculated as a percentage or commission rather than a cost We have actually paid. We will give You an itemised account on request.

Disputes pause everything. We will not charge interest or recovery costs on any amount while You have raised a genuine dispute with Us about it, or while We are assessing a warranty or consumer guarantee claim relating to the Product.

This clause does not apply to NDIS participants. We are a registered NDIS provider, and the NDIS pricing arrangements do not permit Us to add charges of this kind. We will not charge interest, late payment fees, recovery costs, gap fees, cancellation fees, exit fees or payment surcharges to an NDIS participant. If an NDIS payment cannot be made, We will work it out with You.

What We will never do. We will never withhold, delay or refuse a repair, replacement, refund or any other remedy You are entitled to under the ACL or Our warranty because an amount is overdue. We will never withhold anything You need for Your safety. We will not enter Your home or remove a Product to recover a debt.

We handle overdue accounts in line with the ACCC and ASIC Debt collection guideline for collectors and creditors. If You are having difficulty paying, please tell Us — We would far rather work out an arrangement with You.

15. Our Liability

Clause 3 overrides this clause. Nothing here limits Your rights under the ACL, and where the ACL makes Us liable, We are liable.

Subject to that, We are not liable to You for loss or damage that was not reasonably foreseeable, or that was caused by something outside Our reasonable control, or that was caused by use of a Product other than as intended, by alterations We did not make or approve, or by a failure to follow the instructions supplied with the Product.

16. Your Privacy

How We collect, use, store and disclose Your personal information is set out in Our Privacy Policy. If You give Us another person’s details — for example when referring a friend — You confirm You have their agreement to do so.

17. Our Website and Our Content

The content on Our website — text, images, photography, layout, logos and trade marks — belongs to Us or is used by Us with permission, and is protected by copyright and trade mark law. You may use it to learn about Our Products and to place an Order. You may not copy, reproduce, republish or use it commercially without Our written permission.

We keep Our website accurate and current, but We do not warrant that it is free of errors or always available. Where We link to another website, We do not control it and are not responsible for its content.

18. Referral Program

Our referral program is described on Our Refer a Friend page and is subject to the terms set out there. [REFERRAL PROGRAM — this program needs review before these Terms are published; see the accompanying notes.]

19. If Something Goes Wrong

Please tell Us, and tell Us early — most problems are quickest to fix that way. Call 1300 9 SLEEP or email admin@SleepSophie.com.au with Your order details and as much detail about the problem as You can. We will acknowledge You, look into it properly, and tell You what We propose to do and why.

You can ask a family member, carer, support coordinator, plan manager or advocate to raise a complaint for You, and You can raise one anonymously. We will never treat You, or Your supports, any differently because You complained.

You can go elsewhere at any time. You do not have to use this process, and You do not have to wait for it to finish, before contacting the consumer protection agency in Your State or Territory, or a tribunal or court where You live. Nothing in these Terms requires You to complain to Us first, to go to mediation or arbitration, or to give up any right to take a dispute to a tribunal or court. We will help You contact any of those bodies if You would like Us to.

If You are an NDIS participant. We are a registered NDIS provider. You can complain to Us using the process above, and You can contact the NDIS Quality and Safeguards Commission at any time on 1800 035 544. We will help You make a complaint to the Commission if You ask Us to.

If You paid using finance. A complaint about the credit itself goes to that provider first, and then to the Australian Financial Complaints Authority. A complaint about the Product or Our service comes to Us.

If Your health or safety is affected. Contact Us straight away and We will respond the same business day. Do not wait on any other step in this clause.

20. General

Which document wins. If these Terms conflict with a written Order confirmation We have given You, the Order confirmation wins for that Order. If these Terms conflict with Our Warranty page about warranty cover, or Our Returns, Refunds & Statutory Rights page about Your statutory rights, those pages win. Our Quarterly Prize Draw Terms & Conditions govern that promotion on their own, and these Terms do not apply to it.

Changes to these Terms. We may update these Terms from time to time. The Terms that apply to Your Order are the ones in force when We confirmed it. Changing these Terms never changes an Order already confirmed.

Things outside Our control. We are not in breach of these Terms where We are prevented from performing by something genuinely beyond Our reasonable control. We will tell You, and if the delay becomes unreasonable You may cancel and receive a full refund of what You have paid.

Severability. If part of these Terms is found to be unenforceable, that part does not apply and the rest continues to operate.

Assignment. You may not transfer Your rights under these Terms without Our written agreement. We may transfer Ours, but not in a way that reduces Your rights.

Notices. We will contact You using the details on Your Order. You can contact Us using the details in clause 1.

Governing law. These Terms are governed by the laws of Queensland and of the Commonwealth of Australia.

Jurisdiction. You and We submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them. Nothing in this clause limits Your right to bring proceedings, make a complaint, or apply to a tribunal in the State or Territory where You live, or to contact the consumer protection agency there.

21. Contact Us

Sophie (Aust) ABN 86 629 259 641, trading as Sleep Sophie

Telephone 1300 9 SLEEP (1300 975 337)

Email admin@SleepSophie.com.au