Terms of Service
TERMS OF SERVICE
This website is operated by Eva Mattress. Throughout the site, the terms “we”, “us” and “our” refer to Eva Mattress. Eva Mattress offers 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 site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, 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 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - 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 3 - 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.
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 4 - 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 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 anytime 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 6 - 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.
For more detail, please review our Returns Policy.
SECTION 7 - 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 8 - 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 9 - 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 (collectively, '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, libelous, 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 libelous 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 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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 12 - 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 13 - 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 Eva Mattress, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eva Mattress 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 15 - 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 16 - 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 17 - 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 site 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 18 - 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 Victoria.
SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
RETURN OF MATTRESS
Within 120 days of purchase if for whatever reason you are not completely satisfied with your Eva Mattress let us know and we'll arrange for your mattress to be picked up and your total payment to Eva Sleep Pty Ltd will be refunded.
To be eligible for a return you must be a paying customer and have been sleeping on your mattress for 30 days before you can initiate the return. It takes some time for your body to adjust to a new mattress so this is why we ask you to trial the mattress for at least 30 days. If you did not purchase your mattress you are not eligible for a return. Under that guarantee, at any time between 30 and 120 days after purchase, if the customer is not satisfied with their new mattress they may request to return the mattress and for us to cancel the sale.
To complete your return, we require a receipt or proof of purchase and for you to be available for the scheduled pick up time.
Please note the 120 night trial is limited to one mattress per household and can not be used to exchange for another size.
You are not eligible for a return or refund if you have ordered the wrong size, wanting to change size, upgrade or downgrade. Furthermore if the mattress has been damaged or stained to the extent that our charity partners refuse it, you will not be granted a return or refund.
Please note that if you use the mattress for it's intended use without damage or stains you will still be eligible for a return or refund.
RETURN OF BEDDING SETS
Within 120 days of purchase if for whatever reason you are not completely satisfied with your Eva sheets let us know and we'll arrange for a return label for the sheets to be sent back to us.
You are not eligible for a return or refund if you have ordered the wrong size, wanting to change size, upgrade or downgrade. Furthermore, if the sheet has been damaged/stained/soiled to the extent that it can’t be donated, you will not be granted a refund.
To be eligible for a return you must be a paying customer and have been sleeping on your sheets for 30 days before you can initiate the return. If you did not purchase your sheets you are not eligible for a return. Under that guarantee, at any time between 30 and 120 days after purchase, if the customer is not satisfied with their new Eva sheets they may request to return the sheets for a full refund.
To complete your return, we require you to post the parcel at the nearest post office with the return label clearly attached (which will be provided to you during the return process). Upon confirmation of the parcel at the fore mention address, Eva will conduct a check before your total payment to Eva Sleep Pty Ltd will be refunded.
Please note the 120-night trial is limited to one sheet per household and can not be used to exchange for another size.
Please note that if you use the sheets for it's intended use without damage or stains you will be eligible for a return or refund.
If you are not able to accept delivery you must advise Eva Mattress before a delivery is attempted.
Any and all failed delivery attempts made by a courier on our 4-hour delivery schedule will be recharged to the purchaser at full price.
We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.
We will refund you after we have received the mattress back at one of our warehouses or associated charities. The refund will be placed on the card or account that you used to purchase. If you purchased via interest-free finance extra charges may apply by your supplier.
IMPORTANT FOR RURAL CUSTOMERS
Rural customers outside of metro locations of Sydney, Brisbane, Melbourne, Adelaide, and Perth are still eligible for a full refund. However, rural customers must arrange freight to our closest warehouse to their location. This is to be arranged and paid for by the customer.
WARRANTY OF MATTRESS
Eva Sleep Pty Ltd, provides a 12-year warranty on mattresses purchased online from www.evamattress.com.au This warranty covers;
- Faulty workmanship or materials.
- Body impressions or visible indentation or sag in the mattress surface, while no weight is applied, of greater than 3.0 cm.
- The mattress being shorter than the Australian standard in any one direction by more than 5cm when measured from tape to tape.
- The mattress failing to inflate to its full size after a period of 60 days of regular use.
This warranty does not cover
- Minor imperfections that do not affect the performance of the bed. These include slight variations to size and colour.
- Odour. Some materials have a natural odour.
- Damage caused by the incorrect opening of the mattress or failing to follow delivery and unpacking instructions.
- Damage caused by abusive handling, misuse or failure to use the mattress with the proper foundation or base, including an adjustable bed frame, that has support including centre support.
- Use for commercial, rental or other business purposes (including but not limited to hotel use, Airbnb etc.). In such cases, the warranty period is 12 months.
WARRANTY OF BEDDING SETS
Eva Sleep Pty Ltd, provides a 1-year warranty on sheets, duvet and pillow cases purchased from www.evamattress.com.au
This warranty covers:
- Any physical flaw in the fabric material that causes the fabric to split or tear in half
- Any manufacturing defect in the duvet cover such as fabric tearing.
This warranty does not cover:
- Normal wear and tear as a result of washing and intended use.
- Any damages caused by improper washing
- Comfort preference
- Physical abuse or damage to the sheets, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Minor imperfections and slight cosmetic flaws
- Normal wear and tear that occurs over time
- Pilling and abrasion caused by rubbing and washing
What should you do?
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your sheets to Eva and provide Eva with proof of the original date of purchase. Should shipping costs be required to return your sheets, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Sheets Warranty. In the event of a Defect, Eva will ship replacement sheets (if applicable) to you.
What will Eva do?
Eva reserves the right to repair or replace your product. Eva also reserves the right to offer you a refund or similar replacement if your item has been discontinued. Any repair or replacement will not extend the original period of limited warranty, nor will it constitute the beginning of a new limited warranty period.
- Gift cards purchases are final and not refundable
- Eva Mattress Cards are only redeemable at evamattress.com.au and are not redeemable for cash.
- Eva Mattress will not give change for any balance that remains on the Card. Any such balance can only be used in whole or part against future purchases at evamattress.com.au
- The Card is valid one calendar year after the date the participating store issued the Card.
- It is up to the cardholder to use the full value of the card before the expiry date. Any unused balance will not be refunded or credited when the Card expires.
- Where the cost of the purchases exceeds the available card balance, the cardholder will be required to make up the difference between the purchase price and the card balance.
- The Card will not be replaced if lost, stolen or damaged.
- All purchases made using a card are subject to Eva Mattress other general terms and conditions.
- Should Eva Mattress suspect any fraud relating to an evamattress.com.au Gift Card, Eva Mattress may refuse to redeem the card until it is satisfied that no fraud has occurred.
- The dollar value denoted on each Eva Mattress Gift Card is denominated in Australian dollars and includes GST