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Terms & Conditions

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Registered
Medical Devices

Terms of Sale

 

The following terms and conditions are incorporated into and form part of any contract between the Company and the Customer for the supply of Goods, unless otherwise agreed in writing.

1. Definitions

 

  1. ACL means the law pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  2. Company means Superior Lifestyle Pty Ltd (ABN 26 605 022 017).

  3. Customer means the original purchaser of the Goods or any person acting on behalf of and with the authority of the original purchaser.

  4. Goods means any Goods supplied to the Customer including but not limited to adjustable beds, lift recliner chairs, mattresses, mattress toppers, pillows, CV Health Systems ® and other related products.

  5. GST means any applicable tax on goods and services pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  6. Price shall mean the Price payable for the Goods in Australian dollars as agreed between the Company and the Customer and specified on the sales order. Unless otherwise stated, the Price shall be inclusive of GST. A GST exemption may apply to qualifying products.

2. Availability

  1. All orders placed by a Customer are subject to the availability of the Goods.

  2. The Company makes every effort to display as accurately as possible the design, colours, sizes, specifications and features of its Goods on its website, emails and printed collateral. The Company cannot guarantee that the Customer’s computer monitor and/or the printed collateral will be accurate.

  3. Occasionally, there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, technical features, pricing, promotions, offers, fees and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided is inaccurate at any time without prior notice.

3. Payment

 

  1. All orders placed by a Customer will be secured and form a binding contract with the Company on payment of any amount or dispatch of Goods via our nominates courier.

  2. The Company may refuse to accept or fulfil any order in its discretion, including without limitation where:

    1. there is a pricing or descriptive error when the order is placed;

    2. payment is declined or finance is revoked; and/or

    3. it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address provided.

  3. The Company accepts payment by cash, credit card (Visa, Mastercard and American Express), bank transfer and any other method it deems acceptable.

  4. Except where the Customer agrees to pay a deposit and the balance of the total Price at a later date, in respect of all orders, payment of the total Price (including by approved finance) is required on or before delivery or collection of the Goods.

  5. Payment is only received by the Company when cash or proceeds of other payment methods are credited and cleared to the Company’s bank account. If the Customer’s card issuer or payment service provider refuses to authorise payment, the Company will not be liable for any delay or cancellation.

  6. Where payment is not received in full or the order is cancelled at any time after payment of a deposit, the Customer agrees the deposit will be forfeited in full. This payment may be applied in satisfaction of any liability arising under clause 7.3.

4. Title and Risk

 

  1. All Goods will remain the property of the Company until such time as payment of the total Price has been made by the Customer.

  2. Upon receiving payment in full for purchase of Goods, legal and equitable title to the Goods will be transferred from the Company to the Customer.

  3. The Company will be entitled to repossess the Goods delivered where the Customer defaults in payment of the total Price.

  4. All risk in the Goods will pass to the Customer upon delivery or collection (including all risks associated with loading and unloading the Goods).

 

5. Delivery and Installation or Collection

 

  1. The Company will take all reasonable steps to meet the estimated timeframe for delivery. However, the date for delivery is an estimate only. Many factors (some of which are beyond the Company’s control) can affect these timeframes. The Company reserves the right to amend the estimated timeframe for delivery without notice.

  2. Unless otherwise agreed in writing, the Customer will bear the cost of delivery and installation or collection of the Goods. The Company will charge a standard delivery fee for the delivery of Goods to the Customer at a residential address within Australia. The Customer may incur an additional fee for alternative delivery arrangements including without limitation failed delivery attempts.

  3. Customers must inform the Company of any special circumstances relevant to delivery and installation (such as low bridges, narrow lanes, small door frames, steps, etc).

  4. Upon delivery and installation or collection, the Customer will inspect the Goods and check for correctness of condition, quality, quantity, colours, patterns and sizes prior to installation or use. Subject to the Customer’s rights under Australian law, the Customer will be deemed to have accepted the Goods unconditionally on delivery and installation or collection.

 

6. Defective Goods

  1. Customers will be entitled to a full refund or replacement where, upon delivery or collection, there is a major fault as defined under the ACL.

  2. The Customer agrees to only use the Goods for their normal and proper use and not to alter, modify or otherwise interfere with the Goods. The Customer agrees to follow the instructions supplied with the Goods and not to use the Goods in a careless or negligent manner.

  3. Subject to clause 6.2, the Customer may be entitled to a full refund or replacement where the Company has assessed the Goods and identified a major fault. Where the failure of the Goods does not amount to a major fault, the Customer may be entitled to a partial refund, repair or replacement at the sole discretion of the Company.

7. Returns

  1. Unless otherwise agreed in writing, the Customer acknowledges and agrees that the Goods are not delivered on a trial basis.

  2. Generally, the Company will not accept a request for the return of Goods due to a change of mind. However, returns may be accepted in exceptional circumstances and where the following conditions are met:

    1. the Company has carried out an assessment of the Goods and agrees, at its sole discretion, to accept their return; and

    2. the Goods are returned at the Customer’s cost within 30 days of the order being dispatched; and

    3. the Goods are returned with the order confirmation or receipt that was issued upon delivery; and

    4. the Goods are returned in the condition in which they were delivered, remain in original unopened boxes and with all packaging material, brochures and instruction material; and

    5. the Goods are from current stock held by the Company.

  3. Any returns accepted by the Company will incur a restocking fee of 12% of the total Price. Refunds will be made to the Customer using the same method of payment as used when placing the order for Goods. 

  4. Where Goods are returned outside of the conditions contained in this clause 7, the Company will, upon request, send the Goods back to the Customer at the Customer’s cost. Where the customer fails to coordinate the return within 30 days, the Company may dispose of the Goods.

  5. Subject to the Customer’s rights under Australian law, the Company will not accept the return of the following under any circumstances:

    1. Goods that have been sold at clearance Prices, or as second grade or quality;

    2. Goods that were used, installed, damaged or altered in any way by the Customer; or

    3. Goods that are no longer in stock or have been discontinued.

 

8. Trial Periods

 

  1. As a gesture of goodwill, the Company may at its sole discretion extend the Customer’s right to cancel for any reason within the first 30 nights (expiring at 24:00 on 30th day from the date of delivery). A 30-night trial period may only be granted in writing and is subject to payment of a deposit.

  2. The Customer must exercise the right to cancel within the 30-day period, by providing written notice of their request and sufficient particulars such as the Customer’s name, address, order number and date of delivery.

  3. The cost of returning the Goods subject to a 30-night trial will be borne by the Customer. Alternatively, the Company may agree to pick up the Goods from a Customer within a 4-hour delivery area in Brisbane at an additional cost of 10% of the total Price.

  4. A Customer will only be granted a 30-night trial for a maximum of one purchase order with the Company. Any subsequent purchase order placed with the Company will not be eligible for a trial period.

  5. Where a Customer is issued a replacement item relevant to their order within the trial period, the 30-night trial will be paused and continue upon receipt of the replacement. This clause does not apply to an item exchanged for a different colour or size.

  6. The Company reserves the right to refuse to honour a 30-night trial without prior notice in circumstances it deems fit, including without limitation: where the Customer is associated with a bed and mattress manufacturer or brand; where there is evidence that the Goods have been damaged due to negligence, willful damage, neglect or otherwise; or where the Company suspects dishonesty, misrepresentation or misconduct by the Customer.

9. Warranties and Repairs

  1. Subject to any exclusionary subclauses, the Company warrants that the Goods will be free from defects in material and workmanship for the periods specified in the Warranties Brochure, commencing on the first date of delivery or collection. 

  2. The Company warrants that items marked to clear or sold at clearance prices will be free from defects in material and workmanship for 2 years, commencing from the first date of delivery or collection.

  3. The Company has no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal conditions, failure to follow instructions, misuse, alteration, relocation or repair of the Goods without the Company’s consent.

  4. The Company has no liability in respect of any defect or damage caused by power surges, power failures, unauthorised changes to the electrical system or any incidents of deliberate or unintentional misuse. The Company recommends that the Customer installs a suitably approved power arrester to their home.

  5. The Company has no liability in respect of any damage of faults repaired as a result of the aforementioned clauses. In these circumstances, the Company will charge the Customer for the cost of replacement parts, labour and administration fees.

  6. All claims under warranties must be made by emailing info@superiorlifestyle.com.au. The Company is entitled to repair any defect covered by warranty in satisfaction of its liability and will charge a standard call out fee for any in home repair and maintenance of Goods after the first year.

10. Indemnity

 

  1. The Customer agrees to indemnify the Company, its directors, officers, employees and agents from all liabilities, losses, damages, costs or expenses incurred or suffered by the Company or the Customer, and from all actions, proceedings, claims or demands made against the Company or the Customer arising from:

    1. the Customer’s failure to comply with any applicable law, rules, standards, regulations or instructions applicable to the Goods or use of the Goods; and/or

    2. any negligence of breach by the Customer and/or its employees, agents or contractors in relation to the Goods or use of the Goods.

 

11. General

  1. These terms and conditions of sale shall be governed by and construed according to the laws of the Commonwealth and the State of Queensland.

Terms of Service

 

Overview

 

The website www.superiorlifestyle.com.au (“Domain”) is operated by Superior Lifestyle Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Superior Lifestyle Pty Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Domain, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of the Domain, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Linked Sites/Third Party Services

Our website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Superior Lifestyle Pty Ltd, therefore, we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only for convenience, and the inclusion of any link does not imply endorsement by Superior Lifestyle of the site or any association with its operators.

Certain services made available via our website are delivered by third party sites and organisations. By using any product, service or functionality originating from the Domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.


SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We have made every effort to display as accurately as possible the colours and appearance of our products on our Domain. We cannot guarantee that your computer monitor's display of any colour will be accurate.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - PRODUCTS OR SERVICES

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Domain or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Superior Lifestyle Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Domain or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@superiorlifestyle.com.au.

Who we are

We are Australia's favourite provider of home care and pain management solutions. Our mission is to improve Australia's sleep deficit through our assistive technology. Continue reading...

Get in touch

1300 825 931
 
84 Parramatta Road 
Underwood Q 4119
Mon to Fri | Sat
9am to 4pm | 9am to 1pm
info@superiorlifestyle.com.au
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