The Forty Winks Kip Set Online website at www.kipset.com.au (the “Site”) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from Forty Winks Franchising Pty Ltd. Your access to and use of the Site, including your order for and purchase of Products through the Site, is governed by these terms and conditions.
We may amend these terms and conditions at any time and therefore may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process. We will not change any terms and conditions for an existing order that has been already been accepted by us and the terms and conditions at that time will apply.
Ordering and Purchase Terms and Conditions
Australian Sales and Delivery Only
We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.
Capacity to open account and place orders
You must be eighteen (18) years of age or older to open an account and to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian. Should Forty Winks suffer any damage or other losses as a result of a transaction entered into by a minor, Forty Winks reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Forty Winks.
In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be require to input certain information such as your name, delivery address, billing address, phone number and email address. Forty Winks may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest.
You are responsible for maintaining the confidentiality of your Account and password and you agree to accept responsibility for all activities that occur under your Account or password.
Placing an order for Products
You may order Products by selecting and submitting your order through the Site in accordance with the Site terms and conditions. Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order and is subject to acceptance by us.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so.
Acceptance of an order
This website does not constitutes an offer by us to supply any Products unless and until we accept your order. Your order will not be accepted until full payment has been cleared and received by Forty Winks and we notify you of acceptance.
You cannot cancel an order once accepted.
If for any reason we cannot proceed with your order after acceptance including after payment is received we will contact you by email or telephone and arrange to refund your payment. We will use the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being loaded incorrectly. Please add the Forty Winks email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
We reserve the right to refuse service, terminate accounts, not accept an order for any reason (including without limitation if there is an error in the price or the product description posted on the Site for the Product in that order). In the interests of all our customers, we may also refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
Payment Methods and Processing
We currently accept PayPal, Visa and MasterCard.only. Zip Money will also be available if you are an account holder (you may apply for a Zip Money account by link from this site subject to Zip Money terms and conditions).
If you choose to pay by credit card you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory).
We process payments after you click the "Submit My Order" button. If we are unable to successfully process your payment for your order, then we may cancel your order.
A tax invoice which will be provided to you by electronic means mail at the time of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
Prices, fees and charges
The prices and availability of Products will be as displayed on the Site at the time you place your order. Products and prices do not include display accessories or other options (except as specifically stated on the Site). We reserve the right to change prices for Products displayed on the site at any time.
The Price and all fees and charges for the Products on the Site include GST and are in Australian dollars.
We reserve the right to correct any errors or misprints (including an error in the price) relating to Products displayed on the Site including after a product has been ordered. If there is a significant error that is not noticed until after we have accepted your order we reserve the right to cancel your order or agree an amendment with you.
We may occasionally offer promotional discounts for Kip Set products. All promotional discounts, unless otherwise stated, are available for a limited time only; while supplies last; or when redemption maximum quantity is met. Unless otherwise stated, discounts of this nature exclude the purchase of Kip Set accessory items. Multiple discounts or promotions cannot be used in conjunction.
Delivery of Products
Delivery times are in business days and exclude public holidays and are estimates only. Although every effort is made to deliver your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply, warehousing locations, public holidays or any circumstances beyond our reasonable control such as traffic.
Products ordered through the Site will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order. We or our delivery company may need to contact you to arrange a delivery date and timeframe.
If your Product has not arrived after the estimated delivery time, please contact us at firstname.lastname@example.org
We recommend that you be present to accept the delivery of your order. You agree that any other person at the delivery address who receives the Product is authorised by you to receive your order.
If there is no one or no appropriate person at the delivery address to receive the order then we reserve the right to not deliver the Product you have ordered. If so, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
Delivery is to your street entrance only. No internal delivery or installation is offered.
Ownership of the goods described in the order shall remain with us until payment of all monies via chosen method and delivery of the goods.
If we are unable to deliver because you have not complied with these terms and conditions we reserve the right to cancel the order and refund any amounts paid for that order under these terms and conditions excluding the delivery fee.
Cancellation of an order by Forty Winks
We may cancel an order (even if accepted) without any liability to you for that cancellation at any time if the Products in that order are not available for any reason or we reasonably believe your order has been placed in breach of these terms and conditions or as otherwise provided in these terms and conditions. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Damaged Products and Returns
Our Returns Policy is in addition to your statutory rights and outlines our commitment to you to ensure you are satisfied with your Kip Set online shopping experience. Please retain your receipt or other proof of purchase. In order to obtain a refund, exchange or to repair a product that you purchased from Forty Winks, you must have clear proof of purchase of that product.
What to do if you would like to return an item due to change of mind: Kip Set offers a 100 Night Trial. If you don't love your Kip Set mattress, we will take it back and give you a full refund. To qualify for this, you must advise us within 100 days of your Kip Set mattress being delivered that you wish to return the mattress. This offer excludes the sale of any accessory products. If we do not offer a collection service for your region and you choose to return your mattress under the 100 Night Trial, you will be responsible for organising the delivery of your mattress to the closest Kip Set approved depot. You will also be responsible for any costs incurred in this delivery. Your refund will not be processed until your mattress has been received by your closest Kip Set approved depot.
Product is faulty: Once proof of purchase has been established, if the product has a manufacturing fault or defect or has been damaged prior to delivery then we will offer you a refund, repair or exchange.
Please note: For refunds, we will refund in the same form as the previous method of payment (if possible and unless otherwise agreed) minus any delivery charges and/or cancellation charges where applicable.
Statutory Conditions and Warranties
Statutory conditions and warranties apply including under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise (to the extent permitted by law), relating to the purchase of products or use of this Site or the subject matter of these terms and conditions.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permitted by law, the maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
To the extent that we cannot exclude or limit our liability then our liability is limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any specific manufacturer’s warranty or guarantee is the responsibility of the relevant Product supplier, and not Forty Winks.
Our liability to you for loss or damage of any kind arising out of this agreement or supply of product or services in connection with this Site is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
General Terms and Conditions including of Website Use
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and the breach cannot be remedied; or you fail to remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice.
We have taken reasonable steps to implement technical security measures to protect the content of electronic orders and other information sent through the Site but we cannot guarantee the security of the content of any order or any other information.
When making purchases using the Site your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing. If you have any questions regarding our security policy, please contact us at email@example.com
Enforceability and Jurisdiction
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Risk of Loss and title in Products
Risk in the Product passes to you at the time of delivery. Title in the Product passes to you when the Products have been delivered and payment for the Products has cleared.
We are not be liable for any delay in performing any of our obligations under these terms and conditions if such delay is caused by circumstances beyond our reasonable control. We shall be entitled to a reasonable extension of time for the performance of such obligations.
Product Descriptions and accuracy of Site
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We will try to rectify any errors as swiftly as possible.
Forty Winks reserves the right to change specifications, colours and materials shown on the Site without prior notice.
The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
Click thrus to other sites
There may be links on the site which direct you to a third party website owned and operated by another company other than Forty Winks. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Forty Winks does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Copyright and trade marks
Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us or to the Kip Set manufacturer and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal personal use) without our prior written consent.
We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
If you have any comments or questions regarding the Products and services featured on the Site please email firstname.lastname@example.org
Forty Winks values its relationship with its customers and is committed to protecting the privacy of individuals. Forty Winks is bound by the National Privacy Principles set out in the Privacy Act 1988 (Commonwealth) (“the Act”).
We only collect personal information when you knowingly provide it, and if requested we can advise:
- What Information we collect and hold about you and why we collect such information;
- How that information is used by us and the organisations, or types of organisations that the information would usually be disclosed to;
- If the law requires the collection of such information;
- The consequences, if any, of you not disclosing such information;
- That you can access such information and how you can access such information; and
- How you can correct such information if it is not correct.
Collection of personal information
Forty Winks will only collect personal information that is necessary for us to carry out our functions and activities as a retailer including sales and marketing to you and to improve and personalise your experience with Kip Set. We only collect such information by lawful and fair means and in an unobtrusive way.
The types of personal information collected and the purposes for which that personal information will be used will depend on the circumstances. For example, Forty Winks may collect personal information from you when you:
- create a user account to make an online purchase using the Website;
- make a purchase using the Website as a guest; or
- request information, publications or other materials to be sent to you.
This personal information may include, for example, your name, address, telephone number, e-mail address, or credit card number.
Disclosure of personal information
We will use and disclose your personal information for the primary purposes of our business as a retailer including credit checking and delivering products and for purposes related to our primary purpose including marketing. We may also disclose personal information where such disclosure is permitted by the Act. In addition we may use personal information to market to you products and services offered by Forty Winks unless you have indicated that you do not wish this... Such a request can be made to the Privacy Officer or for electronic communications by following the opt-out or unsubscribe link.
Forty Winks may use the services of contractors from time to time for the purposes of marketing and undertaking services as promoted by us. Your personal information will be provided to these business for the purposes of ensuring that our services are marketed to you or to enable a service to be provided to you.
We may also disclose personal information to others, such as:
- business partners and suppliers and manufacturers of products that we sell including for their own product support and direct marketing;
- mailing houses – we do not sell your personal details but we use mailing houses for the purpose of communication with you;
- our sales representatives, and franchisees;
- outsourced service providers who provide us with the ability to serve you;
- third parties who provide services to us in relation to the Website, and online shopping using the Website such as gateway providers, merchant facility providers and delivery service providers;
- credit reporting agencies for credit rating and fraud protection services;
- our professional advisers, such as accountants, auditors, lawyers; and
- government regulatory authorities as required.
We will not otherwise provide your personal information to a third party without your approval unless authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
This Kip Set Website may contain links to other sites where privacy information practices may be different. For example, if you "click" on a banner advertisement or link, the "click" may take you off this site. This includes links from advertisers, sponsors, and business partners. You should consult the other site's privacy notice as Forty Winks is not responsible for and has no control over information that is submitted to or collected by the other site.
Security and access of personal information
Forty Winks Support Centre
88-90 Peters Avenue
Mulgrave, Vic 3170
Ensuring accuracy of the personal information we hold
We will reasonably attempt to ensure that the personal information we hold about you is accurate, up to date and complete. To assist us to do this please provide us with the correct information and inform us if your details have changed. This can be done by providing us with details of any changes to your information by fax or e-mail. If we deny you access or deny a request for correction we will provide you with reasons why we have denied you access or corrected such information in the circumstances.
Forty Winks Privacy Complaint Process
If you are concerned with the way we have handled your personal information, please contact our Privacy Officer with your complaint. We will ask you to complete a privacy complaint form to return to us. This will ensure the prompt investigation of your complaint. If we have not handled your personal information in an appropriate way we will take steps to remedy your concerns promptly.
Kip Set Warranty
Kip Set comes with a 10 year limited warranty against faulty workmanship and/or faulty materials commencing on the date the mattress was originally delivered to, or collected by the purchaser.
To claim under this warranty the claimant must be the original purchaser from the Kip Set website or other authorised Kip Set retailer and still be the current owner at the time of the claim.
During this 10 year warranty period, if the material or workmanship is faulty, Kip Set will elect to either repair or replace the mattress. Kip Set will cover transport costs during the first 12 months of the warranty period. After 12 months the transportation costs are to be met by the purchaser. Kip Set reserves the right to substitute materials or product of comparable quality when repairing or replacing.
Repair or replacement under warranty does not extend or restart the warranty period.
This warranty does not include:
- normal wear and tear
- misuse including damage caused during handling, storage or transport or damage from staining, rips, burns or other causes or damage due to bending or folding of the mattress once unpacked, or due to failure to unpack the bed within 28 days of delivery
- Small manufacturing irregularities that do not affect the performance of the mattress
- Comfort issues relating to your preferences or relating to fit of manchester items
- Foam indentations caused by normal body indentations not in excess of 40mm in depth
- damage from using an unsuitable foundation for the mattress including uneven base support or inadequate slat supports.
KipSet reserves the right to decline warranty support if the mattress is returned in an unsanitary condition. Your mattress comes 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.